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Des Moines City Zoning Code

Division IA

ZONES AND SPECIAL CONDITIONS

Ord- 1836_0

§ 18.52.005 Permitted uses.

(1) 
Uses within the zones identified in DMMC § 18.05.080 shall be permitted, not permitted or allowed by conditional use permit or unclassified use permit as is set forth in DMMC § 18.52.010A Residential Use Chart and 18.52.010B Commercial Use Chart below. Uses shall also be subject to the specific provisions of the chapter applicable to that zoning classification and applicable provisions of this Title.
(2) 
The City Manager may approve additional uses not explicitly set forth in DMMC § 18.52.010A Residential Use Chart and 18.52.010B Commercial Use Chart below; provided, that such additional uses are consistent with and meet the intent of the specific provisions of the chapter applicable to that zoning classification, the Comprehensive Plan and applicable provisions of the Title.
(Ord. 1591 § 131, 2014; Ord. 1601 § 11, 2014)

§ 18.52.010A Residential use chart.

TABLE 18.52.010A
RESIDENTIAL ZONE PRIMARY USES
Use is:
P: Permitted
P/L: Permitted, but with special limitations
CUP: Conditional use review required
UUP: Unclassified use review required
SFR
RA-3,600
RM-2,400
RM-1,800
RM-900
RM-900A
RM-900B
R-SE
R-SR > 35,000
R-SR < 35,000
PR-R
Accessory buildings and uses
P/L[1]
P/L[1]
P/L[1]
P/L[1][16]
P/L[1][16]
P
P
P/L[1][27]
P/L[1][27]
P/L[1]
P
Accessory dwelling units
P/L[52]
P/L[52]
P/L[52]
P/L[52]
P/L[52]
P/L[52]
P/L[52]
P/L[52]
P/L[52]
Adult family homes
P/L[13]
P/L[13]
P/L[13]
P/L[13]
P/L[13]
P/L[13]
P/L[13]
P/L[13]
P/L[13]
Agricultural crops
P/L[26]
P/L[26]
Amusement parks
P/L[44]
Antenna systems (one)
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
Antenna systems (not accessory)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Apartment hotels
P
Art galleries
P/L[2]
P/L[2]
P/L[2]
P/L[2]
P/L[2]
P/L[2]
P/L[2]
P/L[2]
Arts, entertainment, and recreation facilities
P/L[44]
Automobile, parking
P/L[17]
Bed and breakfast facilities[49]
UUP
UUP
UUP
UUP
UUP
UUP
UUP
UUP
UUP
UUP
UUP
Boarding homes
P
Boats, moorage, noncommercial in connection with community or recreational facilities
CUP/ L[3]
CUP/ L[3]
CUP/ L[3]
CUP/ L[3]
CUP/ L[3]
CUP/ L[3]
CUP/ L[3]
CUP/ L[3]
Booster stations or conversion plants[48]
UUP/L[46]
UUP/L[46]
UUP/L[46]
UUP/L[46]
UUP/L[46]
UUP/L[46]
Cemeteries (pre-1964)
P
P
P
P
P
P
P
P
Cemeteries (post-1964)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Churches
P/L[4]
P/L[4]
P/L[4]
P/L[4]
P/L[4]
P/L[4]
P/L[4]
P/L[4]
P/L[4]
P/L[4]
P
Columbariums, crematories, mausoleums with permitted cemeteries
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Community care facilities
P/L[44]
Continuing care retirement communities
P
P/L[44]
Correctional institutions[47, 48]
UUP[45]
Day care centers and mini day care providers[50]
P/L[5]
P/L[5]
P/L[5]
CUP/ L[5]
CUP/ L[5]
CUP/ L[5]
CUP/ L[5]
CUP/ L[5]
P/L[5]
P/L[5]
P/L[5]
Day care, child and adult
P
Duplexes
P
P
Electric power transmission facilities (NAICS code 22112)
UUP
Family day care providers
P/L[41]
P/L[41]
P/L[41]
P/L[41]
P/L[41]
P/L[41]
P/L[41]
P/L[41]
P/L[41]
P/L[41]
P/L[41]
Fire stations
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Food services and drinking places
P/[36][44]
Foster care home (24 hour)
P
P
P
P
P
P
P
P
P
P
Fraternal organizations/societies
CUP
P/L[21]
CUP
CUP
CUP
P/L[44]
Fraternal societies, libraries, museums, meeting rooms, and admin. offices
UUP
P/L[44]
Golf courses, public or private
P/L[6]
P/L[6]
P/L[6]
P/L[6]
P/L[6]
P/L[6]
P/L[6]
P/L[6]
P
Greenhouse
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
P/L[1]
Group home facilities[47, 48, 49]
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
Hamsters, nutria and chinchillas for commercial use
P/L[31]
P/L[31]
P/L[31]
Health care and social services
P/L[35][44]
Home occupation
P/L[11]
P/L[11]
P/L[11]
P/L[11]
P/L[11]
P/L[11]
P/L[11]
P/L[11]
P/L[11]
P/L[44][11]
Horticultural nurseries
UUP
UUP
UUP
UUP
UUP
UUP
UUP
UUP
UUP
UUP
UUP
Horses or cattle, private use
P/L[12]
P/L[12]
P/L[12]
P/L[12]
P/L[12]
P/L[28]
P/L[28]
P/L[12]
Hospitals [except mental and alcoholic]
P/L[18]
Hospitals [mental and alcoholic]
CUP
CUP
CUP
CUP
Libraries (public)
P
P
P
P
P
P
P
P
P
P
Management of companies and enterprises
P/L[44]
Middle housing
P/L[53]
P/L[53]
P/L[53]
P/L[53]
P/L[53]
P/L[53]
Mixed use
UUP
UUP
UUP
UUP
UUP
UUP
UUP
UUP
P[44]
Motels
P/L[20]
Multiple-family dwellings
P
P
P
P
P
P
Museums
P/L[2]
P/L[2]
P/L[2]
P/L[2]
P/L[2]
P/L[2]
P/L[2]
P/L[2]
Nursing homes
P/L[42]
P
P
Nursery schools, day care centers or mini-care facilities and respite care facilities on same site as retirement housing, nursing homes, continuing care retirement communities, boarding homes or churches
P
Parks (public)
P/L[7]
P/L[7]
P/L[7]
P/L[7]
P/L[7]
P/L[7]
P/L[7]
P/L[7]
P/L[7]
P/L[7]
P/L[44]
Pasture and grazing
P/L[29]
P/L[29]
Permanent supportive housing / transitional housing
CUP/L[51]
CUP/L[51]
CUP/L[51]
CUP/L[51]
CUP/L[51]
CUP/L[51]
CUP/L[51]
CUP/L[51]
CUP/L[51]
CUP/L[51]
CUP/L[51]
Planned unit development
P
P
P
P
P
P
P
P
P
Professional, scientific, technical services
P/L[44]
Professional offices, medical, dental
P/L[22]
P/L[25]
P/L[44]
Public administration facilities
P/L[44]
Public utility facilities
P/L[8]
P/L[8]
P/L[8]
P/L[8]
P/L[8]
P/L[8]
P/L[8]
P/L[8]
P/L[8]
P/L[8]
P/L[32]
Public works maintenance and storage facility buildings
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Race tracks, drag strips, motorcycle hills and Go-Kart tracks
CUP
CUP
CUP
CUP
Raising chickens, squab, rabbits
P/L[43]
P/L[43]
P/L[43]
P/L[43]
P/L[43]
P/L[43]
P/L[43]
P/L[30]
P/L[30]
P/L[43]
Real estate renting and leasing
P/L[34][44]
Recreational facilities – commercial
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Recreational facilities – noncommercial
CUP/ L[9]
CUP/ L[9]
CUP/ L[9]
CUP/ L[9]
CUP/ L[9]
CUP/ L[9]
P/L[9]
CUP/ L[9]
CUP/ L[9]
CUP/ L[9]
P/L[39]
Religious grant writing, civic and professional organizations
P/L[44]
Retail services and trade
P/L[33][44]
Retirement housing
P
P
Sanitariums
P/L[23]
Sewage treatment plants[47, 48]
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
Single-family dwellings
P
P
P
P
P
P
P
P
P
Schools (elementary, middle or high schools), public or private
P/L[10]
P/L[10]
P/L[10]
P/L[10]
P/L[10]
P/L[10]
P/L[10]
P/L[10]
P/L[10]
P/L[10]
Services, miscellaneous
P/L[37][44]
Telecommunication facilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
P/L[40]
Townhouses
P/L[15]
P/L[15]
Trailer parks
P/L[24]
Transportation facilities of statewide significance[47, 48]
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
Notes:
• Limitations that correspond to the bracketed numbers [ ] are set forth below.
• Bracketed numbers listed next to the use in the right-hand column apply in all allowed zones.
• Uses and developments are also subject to the specific standards for each zone.
• Conditional and Unclassified Use Permit requirements may be found in chapter 18.140 DMMC.
• Uses permitted in PR-C Zone when part of a contiguous PR-C development under single ownership shall be permitted in the PR-R Zone.
The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010A.
1. 
Accessory Buildings and Uses. This regulation applies to all parts of Table 18.52.010A that have a [1].
Accessory buildings and uses including, but not limited to, the following:
(a) 
Private garages designed to accommodate not more than four cars;
(b) 
Lodgers limited to two;
(c) 
Private docks and mooring facilities and a private boathouse or hangar for the sole use of occupants of the premises to accommodate private noncommercial pleasure craft. Boathouses, hangars, docks and moorings shall be accessory to the primary use on the property to which they are contiguous, provided:
(i) 
No part of the boathouse or hangar shall extend more than 16 feet above the mean high water level;
(ii) 
A structure shall not be located closer to a property side line, or property side line extended, than the width of the required side yard on the lot to which such facilities are accessory;
(iii) 
The total area of covered moorages, boathouses, or hangars shall not exceed 1,000 square feet;
(iv) 
Covered structures shall abut upon the natural shoreline;
(v) 
Such structure shall not have a width greater than 50 percent of the width of the lot at the natural shoreline upon which it is located; and
(vi) 
A boat using such moorage shall not be used as a place of residence when so moored;
(d) 
Foster family day care home;
(e) 
Greenhouses, private and noncommercial, for propagation and culture only and no sales from the premises are permitted;
(f) 
One antenna system that exceeds the maximum building height specified for the Residential Zone and which:
(i) 
Does not exceed 15 feet in height above the building height limitation specified for the zone;
(ii) 
Is set back the greater of the applicable building setback for the zone where located, or the vertical height of the antenna system measured from the center point of the base of the mast horizontally to the nearest property line;
(iii) 
Has a maximum horizontal cross-sectional area for that part of the mast that is above the building height limitation for the zone such that an imaginary four-inch diameter circle would encompass all points of the horizontal cross-section;
(iv) 
Has a maximum allowable three-dimensional space intrusion of 1,200 cubic feet for single ground plane antennas with a single driven element, and 200 cubic feet for beams, quads, and other multi-element antennas; except these limitations on three-dimensional space intrusion are not applicable to single long-wire antennas, single whip antennas, and single coaxial antennas. In this subsection, "three-dimensional space intrusion" means the space within an imaginary rectangular prism that contains all extremities of an antenna;
(v) 
Does not encroach into the front, side, or rear setbacks required for the zone. A guy wire and anchor point for an antenna system is prohibited in the required front yard or within three feet of the side or rear property lines; except if an alley abuts a rear property line, a guy wire and anchor point may extend to the rear property line; and
(vi) 
A variation from the above limitations not to exceed 10 percent may be granted by the Department of Planning, Building and Public Works; such variation shall be granted when it will not significantly increase the hazard factor, the aesthetic impact, or the economic consequences of such antenna systems;
(g) 
Swimming pools and other recreational facilities for the sole use of occupants of premises and their guests.
2. 
Art Galleries and Museums. This regulation applies to all parts of Table 18.52.010A that have a [2].
Art galleries and museums may be permitted when located in a public park.
3. 
Boat Moorages for Pleasure Craft. This regulation applies to all parts of Table 18.52.010A that have a [3].
Boat moorages for pleasure craft shall be permitted only in connection with community and noncommercial recreational facilities, whether the moorage is publicly or privately owned, subject to the issuance of a conditional use permit provided the following minimum conditions are conformed to:
(a) 
No boat sales, service, repair, boat charter, or rental are permitted on the premises;
(b) 
The deck of a pier shall be no more than five feet above high water level;
(c) 
On-shore toilet facilities shall be provided;
(d) 
Boats using such moorage facilities shall not be used as a place of residence;
(e) 
No overhead wiring shall be permitted on piers or floats except within covered moorage structures;
(f) 
All covered structures over water shall abut upon the shore and be at least 40 feet apart when placed side by side; when covered structures are placed end to end or side to end, one of the structures shall abut upon the shore and the structures shall be at least 15 feet apart;
(g) 
No covered structures over water shall be permitted to extend out from shore a distance greater than 50 percent of the maximum permitted distance from shore of a pier on subject premises, but in no case a distance of more than 300 feet from shore, unless the outer line of the property is less than 200 feet from shore, a covered structure may be permitted to extend to the outer property line;
(h) 
No pier, including finger piers, shall occupy more than 10 percent of the water area of a lot upon which the same is built, nor shall the total area of covered structures over water occupy more than 20 percent of the water area of such lot;
(i) 
All covered structures over water under one ownership shall be built in a uniform manner and design and no point in the roof of such structure shall be higher than 16 feet above high water in fresh water and no floating moorage located in fresh or tidal water shall have a structure higher than 16 feet from the water line;
(j) 
The roofs of covered moorage shall contain no more than 7,200 square feet of area in any one unit and such roofs shall not be supported directly by extended piling; and
(k) 
Side walls on covered structures shall not exceed 50 percent of the area of any three sides and shall be of rigid or semirigid material and shall cover from external view all roof bracing.
4. 
Churches. This regulation applies to all parts of Table 18.52.010A that have a [4].
Churches shall be permitted provided the following conditions are conformed to:
(a) 
All buildings and structures on the site shall not cover more than 40 percent of the area of the site;
(b) 
The depth of the required front yard shall be the same as that required for the zone in which the site is located as identified on the zoning map;
(c) 
Buildings and structures on the site shall not be closer than 30 feet to any property line that is a common property line with residential property, except that a detached one-family dwelling on such site need conform only to the yard requirements and required distance between buildings as prescribed by the zone in which the site is located;
(d) 
The height limits of the zone in which the site is located shall apply, except that the height shall be measured to the mean height of the roof;
(e) 
On interior lots the required side yards may be used to provide off-street parking areas and on corner lots the interior side yard may be similarly used. Under no circumstances may the required front yard or the side yard on the side street be used for off-street parking;
(f) 
Where areas devoted to off-street parking are contiguous to residentially zoned property, then on the property line common with such residentially zoned property there shall be erected and maintained a solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height, and such walls or fences may be built progressively as the parking facilities are installed;
(g) 
All lights provided to illuminate a parking area or building on such site shall be so arranged as to direct the light away from adjoining premises;
(h) 
Church sites shall abut and be accessible from at least one public street having two moving traffic lanes and a dedicated width that will permit not less than a 36-foot roadway;
(i) 
Signs are allowed as provided in chapter 18.200 DMMC; and
(j) 
For purposes of determining conformance to the foregoing conditions and the parking requirements, a plot plan showing ultimate location and use of all buildings, location of signs, location and amount of off-street parking areas, location and adequacy of ingress to and egress from parking areas, landscaping and sketches to scale showing the building elevations and floor space to be devoted to seating or assembly purposes shall be filed with and approved by the Planning, Building and Public Works Department prior to the issuance of any building permit and thereafter the issuance of building permits shall be governed by and conform to the approved plot plan. If, later, a modified plot plan is submitted, the modified plan shall conform to the conditions and requirements of this Title or any amendments in effect at the time the modified plan is submitted.
5. 
Day Care Centers or Mini Day Care Programs. This regulation applies to all parts of Table 18.52.010A that have a [5].
Nursery schools, day care centers, or mini day care programs shall be permitted when located on the same site with public or private schools or churches.
6. 
Golf Courses, Public or Private. This regulation applies to all parts of Table 18.52.010A that have a [6].
Golf courses, private or public, including clubhouse, accessory driving range, pitch and putt courses, shall be permitted, except the following minimum conditions are required:
(a) 
A building or structure shall maintain a distance of not less than 50 feet from an exterior boundary line that is a common property line with residential property and from a street boundary line;
(b) 
A service area, a side of which constitutes a common property line with residential property, shall be screened from such property line by the erection and maintenance on such common property line of a solid wall or view-obscuring fence or hedge not less than five or more than six feet in height;
(c) 
No required yard or open space on the premises shall be used to provide parking spaces for cars or vehicles; and
(d) 
Where property devoted to these purposes is bounded by a street, and then on a street property line, no entrance-exit facilities for automobiles shall be located closer than 100 feet to a street intersection.
7. 
Parks, Public. This regulation applies to all parts of Table 18.52.010A that have a [7].
Parks, publicly owned and operated shall be permitted, except the following minimum conditions are required:
(a) 
No bleachers or stadiums are permitted if the site is less than 10 acres, and no public amusement devices for hire are permitted;
(b) 
Lights provided to illuminate a building or recreational area shall be so arranged as to reflect the light away from a lot upon which a dwelling unit is located; and
(c) 
A building or structure or service yard on the site shall maintain a distance not less than 50 feet from a property line that is a common property line with residential property and from a public street.
8. 
Public Utility Facilities. This regulation applies to all parts of Table 18.52.010A that have a [8].
Public Utility Facilities shall be permitted, except the following minimum conditions shall apply:
(a) 
Public utility distribution permitted by chapter 18.175 DMMC, Public Utilities, is not affected by this section;
(b) 
Public utility facilities necessary for the transmission and distribution of services for the area when the facilities are located underground below the natural grade of the site, except that surface-mounted transformers, telephone terminals, and metering devices less than five feet in height required in connection with underground services are permitted above ground;
(c) 
Public utilities facilities, such as but not limited to telephone exchanges, sewage or water pumping stations, electrical distribution substations, water storage reservoirs or tanks necessary for distribution, but not including business offices, warehousing, storage buildings or yards, service yards, sewage treatment plants or bulk gas storage or the like, are permitted above ground, subject to the following minimum standards:
(i) 
Any equipment or structure except architectural screens and fences shall observe a distance of one foot for each one foot the equipment or structure rises above the grade but in no case less than 20 feet from a property line that is a common property line with a street, alley, or with residential property;
(ii) 
When security fences are used, they shall be supplemented with a Type II landscaping strip so as to minimize the industrial character of such fences;
(iii) 
Public utility facilities shall be landscaped as required in DMMC § 18.195.330, Public or institutional uses;
(iv) 
When the facility includes bulky structures such as water towers or standpipes, the landscaping shall include either existing or planted trees of such size as will partially screen and effectively break up the massive appearance of such structures;
(v) 
Landscaping shall be planted according to industry standards and chapter 18.195 DMMC, Article II, General Landscaping Requirements. The landscaping will be maintained in good condition at all times. Landscaping shall be planted as a yard improvement at or before the time of completion of the first structure or within a reasonable time thereafter considering weather and planting conditions; and
(vi) 
Site plans, elevation and landscape plans shall be submitted and approved by the Building Department prior to the issuance of a building permit. The Building Department may require the posting of a surety bond guaranteeing to the City the installation and improvement of the site in accordance with the approved screening and landscape plans in an amount estimated to be equal to the cost of such screening and landscaping.
9. 
Recreational Facilities. This regulation applies to all parts of Table 18.52.010A that have a [9].
Recreational facilities, community and noncommercial, including clubhouse facilities, subject to the issuance of a conditional use permit, except the following minimum conditions are required:
(a) 
A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on any exterior boundary line that is a common property line with residential property, except that on a portion of the common property line constituting the depth of the required front yard on the adjoining residential property such wall, fence, or hedge shall be not less than 36 inches nor more than 42 inches in height. Wherever a six-foot wall, fence, or hedge is permitted, open wire mesh screens may be erected to heights greater than six feet where needed for protective purposes;
(b) 
A building or structure on the site shall maintain a distance not less than 25 feet from any abutting residential property;
(c) 
Lights provided to illuminate a building or recreational area shall be so arranged as to reflect the light away from a lot upon which a dwelling unit is located; and
(d) 
The site shall be located upon, or have adequate access to, a public thoroughfare.
10. 
Schools. This regulation applies to all parts of Table 18.52.010A that have a [10].
Schools, elementary, junior high, middle, and high, and community colleges, public and private; provided, the following minimum conditions are required:
(a) 
No less than the following minimum site areas shall be provided for public schools:
(i) 
For elementary schools, five acres;
(ii) 
For junior high or middle schools, 10 acres;
(iii) 
For senior high schools, 15 acres;
(iv) 
For community colleges, 20 acres;
(b) 
For private elementary, junior high or middle, and senior high schools, the minimum site area shall be three acres. These private schools shall be approved by the State Board of Education;
(c) 
Buildings or structures on the site shall maintain all yards required in the zone in which the site is located as identified on the zoning map;
(d) 
Buildings and structures shall maintain a distance not less than 30 feet from a property line that is a common property line with residential property;
(e) 
Buildings, including accessory buildings and structures, shall not cover more than 40 percent of the area of the site;
(f) 
Renovation, rehabilitation, or construction of schools, both public and private, shall be processed as a Type II land use action.
11. 
Home Occupation. This regulation applies to all parts of Table 18.52.010A that have a [11].
Home occupations shall be permitted, except the following minimum conditions are required:
(a) 
Occupation shall be conducted entirely within the dwelling and not in an accessory building, except for a bona fide garage;
(b) 
Such use does not involve construction features not customary or incidental in a dwelling;
(c) 
The entrance to the area used for the home occupation shall be only from an entrance customary to a residential use and not exceeding four feet in width at its opening;
(d) 
There shall be no signs related to the home occupation or other exterior evidence of the occupation being conducted within the dwelling, including functional evidence;
(e) 
Such home occupation is approved by the City Manager, the criteria for such approval to be whether such home occupation will adversely affect the residential qualities of the location in which it will operate. Without limitation, factors for such decision may be size of building, parking, potential noise, potential nuisance, potential traffic, and the like;
(f) 
The decision of the City Manager may be appealed to the Hearing Examiner by filing a written notice of appeal with the City Clerk within 14 days of the mailing of the notification of denial. The appeal is heard as provided in chapters 18.20 and 18.240 DMMC;
(g) 
Should a business license be granted and should the nature of the business thereafter acquire features that may have resulted in a denial of a business license in the first instance, the City Manager shall have authority to revoke the business license and the provisions codified in DMMC § 5.04.020, License or license registration required – Transfer prohibited, 5.04.030, Licenses – Fees – Appeal, 5.04.060, License or license registration revocation – Appeal, 5.04.070, Renewal – Appeal, and 5.04.090, Reasons for enactment of chapter, shall become effective;
(h) 
Motor vehicle repair operations are prohibited.
12. 
Keeping of Horses or Cattle for Private Use. This regulation applies to all parts of Table 18.52.010A that have a [12].
The keeping of horses or cattle for private use only shall be permitted in any Residential Zone, except the following minimum conditions are required:
(a) 
The minimum area of land shall not be less than one acre, in which area the animal shall be restrained or controlled in such a manner that the animal cannot freely leave the premises;
(b) 
Not more than one horse or one cow for each one-half acre of the total site area is permitted;
(c) 
To restrain an animal from causing damage to adjacent property, the owner of that property where animals are to be kept shall be responsible to erect and maintain an animal-control fence no closer than five feet from the adjacent property line;
(d) 
Stables, corrals, exercise yards, or rings shall not be located closer than 35 feet to any boundary property line or closer than 45 feet to a building containing a dwelling unit or accessory living quarters on the same premises; and there shall be no open-air storage of hay, straw, shavings, or similar organic materials closer than 35 feet to any boundary property line or closer than 45 feet to any dwelling unit or accessory living quarters on the same premises; and
(e) 
A person keeping horses or cattle in a Residential Zone under the provisions of this section is required to file a declaration of ownership form with the City Clerk. The declaration of ownership form shall be specified by the City Clerk and is filed without fee. The declaration of ownership form shall provide the name and address of the legal owner of the property, the legal description of the property, the name and address of the owner of the horse or cow if the horse or cattle owner is not the legal owner of the property.
13. 
Adult Family Homes. This regulation applies to all parts of Table 18.52.010A that have a [13].
Adult family homes, subject to the following conditions:
(a) 
The adult family home is licensed as an adult family home by the Department of Social and Health Services of the State of Washington or successor agency; and
(b) 
The adult family home shall meet City licensing, zoning, building, housing, and fire regulations.
14. 
Duplex. This regulation applies to all parts of Table 18.52.010A that have a [14].
A duplex shall be permitted in the RA-3,600 Zone if only a single-family dwelling existed on a lot on August 3, 1964, any additional dwelling unit shall be attached to and made a part of the building containing the existing dwelling unit.
15. 
Townhouse Development. This regulation applies to all parts of Table 18.52.010A that have a [15].
Townhouse developments shall be permitted in the RA-3,600 Zone and Multifamily Zones as noted in the table above with no more than one townhouse dwelling per lot. Townhouse developments shall comply with DMMC § 18.60.070, General site design requirements, and DMMC § 18.60.080, General building design requirements.
16. 
Accessory Uses, Buildings, and Structures. This regulation applies to all parts of Table 18.52.010A that have a [16].
Where more than one dwelling unit is located on the premises, private garages shall be limited to accommodating not more than two cars for each dwelling unit and a boathouse or hangar shall be limited to accommodating not more than one private noncommercial pleasure craft for each dwelling unit on the premises.
17. 
Open Air Parking Areas. This regulation applies to all parts of Table 18.52.010A that have a [17], except that this use shall not be permitted on RM-1,800 zoned properties located in the West and South Subareas of the North Central Neighborhood.
Open air public parking areas for the parking of automobiles without monetary charge except when operated by, or for, a public parking authority, when the property upon which it is located in an RM-1,800 Zone abuts upon a lot zoned for commercial purposes whether or not an alley intervenes; provided:
(a) 
Access to such parking lot shall be only from the Commercial or Business Park zoned property it is intended to serve, or from an alley if there is one;
(b) 
In either such case, there shall be installed along the entire length of all street property lines of the lot used for such public parking purposes a continuous fence, hedge, or wall five feet in height located no closer to the street property line than 10 feet and the area between the fence and the street lot line shall be landscaped and maintained with grass, hardy evergreen shrubs, or ground cover;
(c) 
A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on any exterior boundary line which is a common property line with residential property when such residential property is used for residential purposes; and
(d) 
The parking area shall be developed as required, and no such area shall be used for an automobile, trailer, or boat sales area or for the accessory storage of such vehicles.
18. 
Hospitals. This regulation applies to all parts of Table 18.52.010A that have a [18].
Hospitals shall be permitted; provided:
(a) 
All buildings and structures shall maintain a distance of not less than 45 feet from the property front line and not less than 20 feet from any residential property; and
(b) 
A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be established and maintained on any exterior boundary line which is a common property line with residential property, when such residential property is used for residential purposes; provided, that on any portion of such common property line constituting the depth of the required front yard on the residential property such fence, wall, or hedge shall not be less than 36 inches nor more than 42 inches in height.
19. 
(Repealed by Ord. 1750)
20. 
Motels. This regulation applies to all parts of Table 18.52.010A that have a [20].
Motels shall be permitted; provided:
(a) 
Restaurants, cocktail lounges, and specialty shops are permitted accessory uses; provided, the floor area devoted to such uses shall not exceed 20 percent of the total floor area and entry to such uses shall be from within the main building;
(b) 
All buildings and structures shall maintain a distance of not less than 20 feet from any lot in a Residential Zone;
(c) 
A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be established and maintained on any exterior boundary line which is a common property line with residential property when such residential property is used only for residential purposes, except that on any portion of such common property line constituting the depth of the required front yard on the residential property such fence, wall, or hedge shall not be less than 36 inches nor more than 42 inches in height
21. 
Fraternal Organizations and Societies. This regulation applies to all parts of Table 18.52.010A that have a [21].
Private clubs and fraternal societies, except those the chief activity of which is a service customarily carried on as a business; provided:
(a) 
All buildings and structures shall maintain a distance not less than 20 feet from any lot in a Residential Zone; and
(b) 
A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on any exterior boundary line which is a common property line with residential property when such residential property is used for residential purposes, except that on that portion of such common property line constituting the depth of the required front yard on the residential property such wall, fence, or hedge shall be not less than 36 inches nor more than 42 inches in height.
22. 
Professional Offices, Medical and Dental. This regulation applies to all parts of Table 18.52.010A that have a [22].
Professional offices and medical-dental buildings and clinics shall be permitted; provided:
(a) 
All buildings and structures shall maintain a distance not less than 20 feet from any lot in a Residential Zone; and
(b) 
A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on an exterior boundary line which is a common property line with residential property when such residential property is used for residential purposes, except that on that portion of such common property line constituting the depth of the required front yard on the residential property such wall, fence, or hedge shall be not less than 36 inches nor more than 42 inch in height.
23. 
Sanitariums. This regulation applies to all parts of Table 18.52.010A that have a [23].
Sanitariums shall be permitted; provided:
(a) 
All buildings and structures shall maintain a distance not less than 20 feet from any lot in a Residential Zone; and
(b) 
A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on any exterior boundary line which is a common property line with residential property when such residential property is used for residential purposes, except that on that portion of such common property line constituting the depth of the required front yard on the residential property such wall, fence, or hedge shall be not less than 36 inches nor more than 42 inches in height.
24. 
Trailer Parks. This regulation applies to all parts of Table 18.52.010A that have a [24].
Trailer parks shall be permitted; provided:
(a) 
The minimum site area for a trailer park shall be not less than three acres;
(b) 
There shall be at least 2,000 square feet of site area per trailer space;
(c) 
The property used for a trailer park shall have no access except from a major or secondary street;
(d) 
Any driveways providing entrance to or exit from the trailer park shall not be closer than 50 feet to a street intersection measured from the street line established by an official control for either of the streets at the intersection;
(e) 
A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be established and maintained across the full width of the site and such wall, fence, or hedge shall be located on, or to the rear of, the rear line of the required front yard; on corner lots and reverse corner lots such a wall, fence, or hedge shall also be installed and maintained along the side street side of the site, and shall observe the required yard on such side street side;
(f) 
A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be established and maintained on any exterior boundary line which is a common property line with residential property, except that on any portion of such common property line constituting the depth of the required front yard on the residential property no such fence, wall, or hedge shall be required;
(g) 
If there are any openings in the required wall, fence, or hedge for driveway purposes, such openings shall not be wider than 30 feet;
(h) 
No residence shall be permitted on the trailer park site except a residence for the owner or manager of such trailer park;
(i) 
The trailer park must meet all requirements of the King County Health Department covering the establishment of mobile home parks; and
(j) 
A surety bond guaranteeing to the City the installation of walls, fences, or hedges required in this Title is posted prior to the issuance of any permits to construct the park.
25. 
Professional Offices in the RM-900B Zone. This regulation applies to all parts of Table 18.52.010A that have a [25].
Professional offices and medical-dental buildings and clinics shall be permitted in the RM-900B Zone if accessory to retirement housing, nursing homes, continuing care retirement communities, or boarding homes.
26. 
Agricultural Crops. This regulation applies to all parts of Table 18.52.010A that have a [26].
Agricultural crops shall be permitted, provided no retail sales of products are permitted on the premises.
27. 
Private Stables. This regulation applies to all parts of Table 18.52.010A that have a [27].
Private stables shall be permitted as an accessory building or structure, provided such buildings or structures shall not be located closer than 35 feet to any boundary property line or closer than 45 feet to any building containing a dwelling unit or accessory living quarters on the same premises; and provided further, that there shall be no open-air storage of hay, straw, shavings, or similar organic materials closer than 35 feet to any boundary property line or closer than 45 feet to any dwelling unit or accessory living quarters on the same premises;
28. 
Horses, Private Use. This regulation applies to all parts of Table 18.52.010A that have a [28].
Horses for use of the occupants of the premises only; provided, not more than one horse for each one-half acre of the total site area shall be permitted.
29. 
Pasture and Grazing. This regulation applies to all parts of Table 18.52.010A that have a [29].
Pasture and grazing, but not including feed, lots shall be permitted; provided, where such pasture or grazing area abuts upon any property line which is a common property line with residential property, there shall be erected and maintained on such common property line a fence not less than five feet nor more than six feet in height.
30. 
Raising of Chickens, Squab, and Rabbits. This regulation applies to all parts of Table 18.52.010A that have a [30].
Raising of chickens, squab, and rabbits for use of the occupants of the premises only; provided:
(a) 
No more than 30 of any one or combination of such fowl or animals may be kept on the premises;
(b) 
Any birds kept on the premises shall be confined within an aviary; and
(c) 
Any buildings, pens, aviary, or structure used to house or contain such fowl and animals shall not be located closer than 35 feet to any boundary property line of the premises, or closer than 45 feet to any building containing a dwelling unit or accessory living quarters on the same premises.
31. 
Raising of Hamsters, Nutria, and Chinchilla. This regulation applies to all parts of Table 18.52.010A that have a [31].
Raising of hamsters, nutria, and chinchilla for commercial purposes shall be permitted; provided:
(a) 
Not more than 100 hamsters, or 100 chinchillas, or 100 of such animals in combination, may be kept on the premises; and
(b) 
Any building, pens, cages, or structures used to contain or house such animals shall not be located closer than 35 feet to any boundary property line of the premises, or closer than 45 feet to any building containing a dwelling unit or accessory living quarters on the same premises.
32. 
Public Utility Facilities Distribution of Services. This regulation applies to all parts of Table 18.52.010A that have a [32].
Public utility facilities and appurtenances shall be permitted when necessary for the distribution of utility services to final customers within the immediate area.
33. 
Retail Trade. This regulation applies to all parts of Table 18.52.010A that have a [33].
Retail trade (44-45) shall be limited to the following:
(a) 
Food and beverage stores (445);
(b) 
Health and personal care stores (446);
34. 
Real Estate and Rental Leasing. This regulation applies to all parts of Table 18.52.010A that have a [34].
Real estate and rental and leasing (53) shall be limited to the following:
(a) 
Lessors of residential buildings and dwellings (531110);
(b) 
Offices of real estate agents and brokers (531210);
(c) 
Real estate property managers (53131);
(d) 
Offices of real estate appraisers (531320);
(e) 
Other activities related to real estate (531390);
35. 
Health Care and Social Assistance. This regulation applies to all parts of Table 18.52.010A that have a [35].
Health care and social assistance (62) shall not include temporary shelters (624221).
36. 
Food Services and Drinking Places. This regulation applies to all parts of Table 18.52.010A that have a [36].
Food services and drinking places (722) shall be permitted, further limited to the following:
(a) 
Full-service restaurants (722511);
(b) 
Limited-service restaurants (722513);
(c) 
Cafeterias, grill buffets and buffets (722514); and
(d) 
Snack and nonalcoholic beverage bars (722515);
37. 
Services. This regulation applies to all parts of Table 18.52.010A that have a [37].
Other services (81) shall be permitted, further limited to the following:
(a) 
Footwear and leather goods repair (811430);
(b) 
Personal care services (81211 – 812199);
(c) 
Dry-cleaning and laundry services (except coin operated) (812320);
(d) 
One-hour photofinishing (812922);
(e) 
Religious organizations (813110);
(f) 
Civic and social organizations (813410);
(g) 
Business associations (813910);
(h) 
Professional organizations (813920);
(i) 
Labor unions and similar labor organizations (813930);
(j) 
Political organizations (813940);
38. 
Child and Adult Day Care. This regulation applies to all parts of Table 18.52.010A that have a [38].
Child and adult day care as regulated and licensed by the Washington State Department of Social and Health Services, or its successor agency, shall be permitted when accessory to a use otherwise permitted.
39. 
Recreational Facilities for Residents. This regulation applies to all parts of Table 18.52.010A that have a [39].
Recreation facilities for use by residents of the property shall be permitted when accessory to a use otherwise permitted.
40. 
Telecommunication Facilities. This regulation applies to all parts of Table 18.52.010A that have a [40].
Telecommunication facilities, as allowed by Title 20 DMMC, shall be permitted when accessory to use otherwise permitted.
41. 
Family Day Care Providers. This regulation applies to all parts of Table 18.52.010A that have a [41].
A family day care provider home facility is a permitted use in all zones, subject to the following conditions:
(a) 
The family day care provider is currently licensed by the State of Washington Department of Social and Health Services and adheres to all licensing standards;
(b) 
The family day care provider is currently licensed under chapter 5.04 DMMC;
(c) 
Family day care services are provided in a residential dwelling exclusively in the family living quarters;
(d) 
The structure in which family day care services are provided complies with all building, fire, safety, and health codes;
(e) 
Signs identifying the residence as a family day care provider are prohibited;
(f) 
The Washington State Department of Social and Health Services certifies that there are adequate child drop-off and pick-up areas;
(g) 
Hours of operation are limited to 6:00 a.m. to 9:00 p.m.; and
(h) 
Prior to state licensing, the family day care provider provides written notification to the immediately adjoining property owners of the provider of the intent to locate and maintain the facility in order to provide the Washington State Department of Social and Health Services an opportunity to provide a forum to resolve any dispute.
42. 
Rest Homes, Nursing Homes, and Convalescent Homes. This regulation applies to all parts of Table 18.52.010A that have a [42].
All such uses in the RM-900 Zone shall conform to the conditions set forth in the zone in which they are first permitted except that for dwellings, rest homes, nursing homes, and convalescent homes, the yards, open spaces and lot coverage permitted by RM-900 shall apply, and day nurseries shall conform to the conditions set forth in the RM-2,400 Zone pertaining to such use, except that they need not be in a dwelling unit.
43. 
Keeping of Animals in Residential Zones. This regulation applies to all parts of Table 18.52.010A that have a [43].
The keeping of animals in Residential Zones shall be consistent with chapter 18.150 DMMC.
44. 
Mixed Use in PR-R Zone. This regulation applies to all parts of Table 18.52.010A that have a [44].
Use shall be permitted in the PR-R Zone when part of a mix of residential and nonresidential uses compatible with residential uses, subject to the limitations provided in DMMC § 18.135.060, Environmental performance standards and general limitations, noted in chart.
45. 
Correctional Facilities in R-SE Zone. This regulation applies to all parts of Table 18.52.010A that have a [45].
Correctional facilities shall be permitted as a conforming use in the R-SE Zone if an unclassified use permit was approved prior to 2010.
46. 
These essential public facilities are permitted as a Type III quasi-judicial decision by the Hearing Examiner in accordance with DMMC § 18.20.080 and shall comply with chapters 18.140 and 18.255 DMMC.
47. 
These essential public facilities are permitted as a Type IV quasi-judicial decision by the City Council in accordance with DMMC § 18.20.080 and shall comply with chapters 18.140 and 18.255 DMMC.
48. 
These essential public facilities are a permitted use and do not require a CUP/UUP only when the City and the proponent agree to process the application with a development agreement in accordance with the provisions of chapter 18.255 DMMC.
49. 
Nontransferable without prior consent of the City Council and subject to the provisions governing home occupations found in DMMC § 18.52.010A(11).
50. 
Excluding family day care providers, subject to the following minimum conditions:
(a) 
A play yard or equipment yard shall not be located in any required side or front yard;
(b) 
All buildings and structures on the lot shall maintain a distance of not less than 20 feet from any property line that is common property line with single-family residential property. If a greater setback is specified in a particular zone then the setback requirements of the particular zone shall prevail over the minimum setback set forth in this subsection;
(c) 
No day care center shall be located within 150 feet of a Highway Commercial Zone;
(d) 
State licensing standards for such facilities, chapter 388-73 WAC, shall be met;
(e) 
Such uses shall comply with the parking code requirements of chapter 18.210 DMMC.
51. 
Supportive Housing. This regulation applies to all parts of Table 18.52.010A that have a [51]. Permanent supportive housing and transitional housing may locate in the City subject to the requirements of chapter 18.140 DMMC, DMMC § 18.182.050 and other related provisions of this Title.
52. 
Accessory Dwelling Units. This regulation applies to all parts of Table 18.52.010A that have a [52].
Additional requirements for accessory dwelling units per DMMC § 18.55.140.
53. 
Middle Housing. This regulation applies to all parts of Table 18.52.010A that have a [53].
Duplexes and cottage housing may be located in all residential zoning districts subject to the requirements of chapter 18.57 DMMC and other related provisions of this Title. Townhouses, stacked flats, triplexes, and fourplexes are permitted in all RA- and RM- zoning districts subject to the requirements of chapter 18.57 DMMC and other related provisions of this Title.
(Ord. 1591 § 132, 2014; Ord. 1655 § 7, 2016; Ord. 1697 § 2, 2018; Ord. 1737 § 8, 2020; Ord. 1750 § 2, 2021; Ord. 1775 § 5, 2023; Ord. 1820 § 2, 2025; Ord. 1821 § 2, 2025)

§ 18.52.010B Commercial use chart.

TABLE 18.52.010B
COMMERCIAL ZONE PRIMARY USES
Use is:
P: Permitted
P/L: Permitted, but with special limitations
CUP: Conditional use review required
UUP: Unclassified use review required
N-C
I-C
B-P
C-C
D-C
H-C
PR-C
T-C
W-C
Accessory buildings and uses (as described in the applicable zone)
P
P
P
P
P
P
P
P
P
Admin, support services
P/L[3]
P/L[6.1]
P
P/L[16]
P/L[22]
P
P
P
Adult family homes
P
P
P
P
P
Adult entertainment facilities
P/L[46] [78]
Adult theaters
P/L[35]
P/L[46] [78]
Amusement and recreational services
P/L[16]
P/L[22]
P/L[68]
Amusement parks
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Animal or veterinary services
P
P
P
P
P
P
P
Antenna system (one)
P/L[6]
Animal grooming
P/L[3]
P
P
P
P
P
P
Antenna systems (not accessory)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Apparel and accessories stores
P/L[1]
P
P
P
P
P
P
P
Arrangement of passenger transportation
P/L[3]
P
P
P
P
P
Art galleries
P
P/L[6.1]
P
P
P
P
P
Art, glassware manufacturing
P/L[6.1]
P
P
P
P/L[52.5]
P
Art, ornamental ware
P
P
P
Arts, entertainment, and recreation facilities
P/L[6.1, 6.2]
P/L[16]
P/L[22]
P
P
P
Auction houses or stores
P
P
P/L[41]
P
P
Automobile, body, paint, interior and/or glass repair
P/L[18]
P/L[25]
P/L[48]
P/L[70]
Automobile, detail shop
P/L[18]
P/L[25]
P/L[48]
P/L[70]
Automobile, maintenance and repair
P/L[18]
P/L[25]
P
P/L[48]
P/L[70]
Automobile, parking
P/L[5]
P/L[93]
P/L[16] [20]
P/L[22]
P
P
P/L[54]
P/L[72]
Automobile, sales
P
P/L[43]
Automobile, service stations
P/L[18]
P/L[25]
P/L[36]
P/L[48]
P/L[70]
Automobile, trailer sales
P
P
Automotive equipment, rental and leasing
P
P
P
P
P/L[53]
P
Bakeries, manufacturing and retail sales
P/L[1]
P
P
P/L[52.5]
P/L[55]
P/L[73]
Ballparks
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Banks
P
P
P
P
P
Barber, beauty and hairstyling shops
P/L[3]
P/L[6.1]
P
P
P
P
P
Bed and breakfast facilities
P
P
P
P
P
Boats, building and repairing (less than 48 feet)
P
P
Boats, repair/sale
P
P
Boat moorage
P/L[3]
P/L[42]
Botanical and zoological gardens
P
P
P
P
Bookbinding
P
P
P/L[52.5]
P
P
Booster stations or conversion plants[84, 85]
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
Boxing and wrestling arenas
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Brewery/winery/distillery
P/L[6.1]
P/L[21]
Building materials and garden equipment supply
P/L[1]
P
P
P
P/L[28]
P
P
Car washes
P/L[18]
P/L[25]
P
P/L[70]
Carpentry and cabinet shops
P/L[1] [2]
P
P
P
P
P
P
Casino hotels and motels
P
P
P
P
P
Cemeteries
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Ceramics, manufacture
P/L[29]
Columbariums, crematories, mausoleums
CUP
CUP
CUP
CUP
CUP
CUP
Commercial and industrial machinery and equipment, rental and leasing
P
P
P
Commercial uses utilizing nonexempt quantities of hazardous materials (per the IBC or IFC)[87]
UUP
Communications facilities (SIC code 48)
UUP
Community care facilities
P
P
P
P
P/L[74]
Community gardens
P/L[6.1]
P
P
P
Community housing services
P/L[80]
P/L[80]
P/L[80]
Confectionery, manufacture
P
P
P/L[52.5]
P/L[56]
P/L[73]
Contractors
P/L[3]
P/L[14]
P
P/L[14]
P
P
Convention facilities
P/L[6.1]
P
P
P
P
P
P
Correctional institutions
UUP/L[84, 85]
Couriers and messengers
P/L[3]
P
P
P
P
Data processing, business and record storage
P/L[3]
P
P
P
P
P
P
P
Day care centers and mini-day care providers
CUP/L[89]
P/L[6.1, 89]
CUP/L[89]
CUP/L[89]
CUP/L[89]
CUP/L[89]
CUP/L[89]
CUP/L[89]
Death care services
P/L[3]
P
P
P
P/L[42]
P
P
Drive-in or drive-through facilities
P
P/L[18]
P/L[25]
P
P/L[70]
Dry cleaning and laundering services
P/L[3]
P
P
P
P
P
P
P
Educational services
P
P/L[7]
P
P/L[27]
P/L[37]
P
P
P
Electric power generation, biomass
P/L[12]
Electric power transmission facilities (NAICS code 22112)
UUP
Electrical appliances and supplies, retail sales, wholesale trade and repairs
P
Emergency housing / emergency shelter
CUP/L[91]
CUP/L[91]
CUP/L[91]
CUP/L[91]
CUP/L[91]
CUP/L[91]
CUP/L[91]
CUP/L[91]
Enhanced services facilities
UUP/L[84, 85]
Equipment rental and leasing
P
P/L[16]
P/L[22]
P
P
P/L[68]
Essential public facilities not otherwise listed
UUP/L[84, 85]
UUP/L[84, 85]
Fairgrounds and rodeos
CUP
CUP
CUP
CUP
CUP
CUP
Family day care providers
P/L[80]
P/L[80]
P/L[80]
P/L[80]
Financial and insurance services
P/L[6.1]
P
P
P
P
P
P
Fish hatcheries and preserves
P
Fix-it shops
P
P
P
P
P
P
Food, frozen or cold storage lockers
P
P
P
P
P/L[52.5]
P
Food stores
P/L[1]
P
P
P
P
P
P
Footwear and leather goods repair
P
P
P
P
P
P
P
P
Foreign trade
P/L[13]
P/L[13] [52.5]
Fraternal organizations/societies
P/L[6.1]
P/L[7]
P
P
P
P
P
Fuel dealers, other
P
Furniture, home furnishings and equipment, sales
P/L[1] [2]
P
P
P
P
P
P
P
Furniture, repair
P/L[2] [3]
P
P
P
P
P
P
P
Gambling, amusement, and recreation industries
P/L[7]
P/L[16]
P/L[22]
P
P
P
Garages, public
P/L[30]
General merchandise stores
P/L[1]
P/L[9]
P/L[15]
P/L[21]
P
P
P
Glass, edging, beveling, silvering
P
P/L[31]
P/L[52.5]
Glass, stained glass studios
P
P/L[6.1]
P
Golf courses, with accessory driving ranges, clubhouses and pitch and putt
P
P
CUP
P
P
Golf driving ranges
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Hardware store
P/L[1]
P
P
P
P
P
P
Health care and social services
P/L[81]
P/L[81]
P
P/L[81]
P/L[81]
P/L[74] [81]
Heating oil dealers
P
Horticultural and landscaping services
P
P
P
P/L[52.5]
P
Horticultural nurseries
UUP
UUP
UUP
UUP
P
UUP
UUP
Hospitals (except mental and alcoholic)
P
P
P
P
P
P
Hospitals, mental
UUP/L[84, 85]
Hotels
P/L[6.1]
P
P
P/L[40]
P/L[47]
P
P
Information establishments
P
P
P
P
Internet service providers
P
P
P
P
Job printing, newspapers, lithography, and publishing
P
P
Kennels, commercial
P
P
P
P
P/L[57]
P
Labor camps (transient)
UUP/L[84, 85]
UUP/L[84, 85]
UUP/L[84, 85]
UUP/L[84, 85]
UUP/L[84, 85]
UUP/L[84, 85]
Laboratories
P
P
P
CUP
P
P
P
Laboratories (incl. medical, dental, or photographic)
P/L
P
P
P
P
P
P
Laundry, industrial
P
P
Legal services
P/L[3]
P/L[6.1]
P
P
P
P
P
P
P
Libraries (public)
P
P/L[6.1]
P
P
P
P
P
Light manufacturing, fabrication, and assembly
P/L[8]
P/L[8][52.5]
Limousine/taxi service
P
Machine shop
P
P/L[32]
P/L[52.5]
Management of companies and enterprises
P/L[3]
P/L[6.1]
P
P
P
P
P
P
Manufactured home sales
P
Marijuana producer/processor, recreational
P/L[79]
P/L[79]
P/L[79]
P/L[52.5] [79]
P/L[79]
P/L[79]
Marijuana retailer, recreational
P/L[79]
P/L[79]
P/L[79]
P/L[79]
Marinas
P/L[24]
Mixed use
UUP
P/L[6.1, 6.3]
UUP
P/L[26]
UUP
P/L[50]
P/L[58]
P/L[58]
Motels
P
P
P/L[40]
P/L[47]
P
Motion picture services
P/L[3]
P/L[6.1]
P
P
P
P
P
Museums
P
P/L[6.1]
P/L[7]
P
P
P
P
P
Nursing homes (PR-R-Nursing care facility; IC-Nursing and residential care facility)
P
P
P
P
Offices, business and professional
P/L[3]
P/L[6.1]
P
P
P
P
P
P
Open air theaters
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Parcel service delivery
P/L[3]
P
P
P/L[51]
Parole or probation offices
P
P
P
P
P
Pawnshop
P
P
P
P
P
P
Permanent supportive housing / transitional housing
CUP/L[92]
CUP/L[92]
CUP/L[92]
CUP/L[92]
CUP/L[92]
CUP/L[92]
CUP/L[92]
CUP/L[92]
Personal and business services
P/L[3]
P/L[6.1]
P/L[7]
P/L[16]
P/L[22]
P
P
P/L[68]
Pet boarding
P
P
P
P
P/L[59]
P
Pet shop
P/L[1]
P
P
P/L[33]
P
P
P
Photocopying and duplicating services
P/L[1] [3]
P
P
P
P
P
P
Photo finishing
P/L[1]
P
P
P
P
P
P
P
Planned unit development
P
Postal service
P
P
P
P
P
P
Professional, scientific, technical services
P/L[3]
P/L[6.1]
P
P
P
P
P
P
Professional offices, medical, dental
P/L[3]
P/L[6.1]
P
P
P
P
P
P
Public administration facilities
P
P/L[6.1]
P
P/L[17]
P/L[23]
P/L[49]
P/L[60]
P/L[69]
Public facilities[88]
P
P/L[6.1]
P/L[10]
P
P
P
P
P
Public utility facilities
P/L[4]
P/L[10]
P
P/L[34]
P/L[52]
P/L[61]
Publishing, telecommunications, Internet service providers, data processing services
P/L[3]
P/L[6.1, 6.4]
P
P
P
P
P
P
P
Race tracks, drag strips, motorcycle hills and Go-Kart tracks
CUP
CUP
CUP
CUP
CUP
CUP
Real estate renting and leasing
P/L[3]
P/L[6.1]
P
P
P
P
P
P
P
Recreational facilities – commercial
CUP
CUP
CUP
CUP
CUP
P
CUP
CUP
Recreational vehicles, sales and storage
P
P
Religious grant writing, civic and professional organizations
P/L[3]
P/L[6.1]
P/L[7]
P
P
P
P
P
P
Repair services
P/L[2] [3]
P/L[7]
P/L[16] [18]
P/L[22] [25]
P
P/L[68] [70]
Repossession services
P/L[3]
P
P
P
P/L[52.5]
P
Restaurants
P
P/L[6.1]
P/L[9]
P
P
P
P
P
P
Retail services and trade
P/L[1]
P/L[6.1]
P/L[7]
P/L[15] [19]
P/L[21]
P
P/L[43]
P
P/L[67]
Retirement housing
P
P
P
P
P
Reupholster
P
P
P/L[19]
P
P
P
P
P/L[71]
Saws and filing shops
P
P
P/L[52.5]
Secure community transition facilities
UUP/L[84, 85]
Sewage treatment plants
UUP/L[84, 85]
UUP/L[6.4, 84, 85]
UUP/L[84, 85]
UUP/L[84, 85]
UUP/L[84, 85]
UUP/L[84, 85]
UUP/L[84, 85]
Signs, manufacturing
P
Self-storage/mini-warehouse leasing
P[93]
P/L[44]
P/L[62]
Services to buildings and dwellings
P/L[3]
P
P
P
P
P
Services, miscellaneous
P/L[3]
P/L[7]
P/L[16] [18]
P/L[22]
P/L[45] [48]
P/L[63]
P/L[68] [70]
Solid waste handling facilities[85, 86]
UUP/L[84]
UUP/L[84]
UUP/L[84]
UUP/L[84]
UUP/L[84]
UUP/L[84]
Spectator sports
CUP
CUP
P
P
P
P
Stadiums
CUP
CUP[6.5]
CUP
CUP
CUP
CUP
CUP
Substance abuse facilities
UUP/L[84, 85]
Supermarkets
P/L[1]
P
P
P
P
P
P
Taverns and cocktail lounges
P/L[1]
P/L[6.1]
P
P
P
P/L[38]
P
P/L[64]
P/L[75]
Telecommunication facilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Telephone exchanges
P
Tire sales and service
P/L[3]
P
Theaters
P/L[6.1]
P
P
P
P
P/L[65]
P/L[76]
Towing operations
UUP
Transportation and wholesale trade
P/L[11] [93]
Transportation facilities of statewide significance[84, 85]
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
UUP/L
Warehouse distribution centers, home deliveries
P[93]
P
P/L[52.5]
Water transportation
CUP
Welding repair
P/L[2] [3] [82]
P
P/L[16] [82]
P/L[82]
P
P
P/L[68] [82]
Wholesale business
P
P
P/L[52.5]
P/L[66]
P/L[77]
Wholesale trade and distribution of groceries[90]
CUP
CUP
Notes:
• Limitations that correspond to the bracketed numbers [ ] are set forth below.
• Bracketed numbers listed next to the use in the right-hand column apply in all allowed zones.
• Uses and developments are also subject to the specific standards for each zone.
• Conditional and Unclassified Use Permit requirements may be found in chapter 18.140 DMMC.
Neighborhood Commercial Zone
Every use locating in the N-C Zone is subject to the standards of chapter 18.90 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.
1. 
On-Premises Retail Enterprise Dispensing Food or Commodities. This regulation applies to all parts of Table 18.52.010B that have a [1]. Not including automobiles, boats, trailers, and heavy-duty equipment and which may involve only incidental and limited fabrication or assembly of commodities.
2. 
Repair, Incidental. This regulation applies to all parts of Table 18.52.010B that have a [2]. Any repairing done on the premises shall be incidental only and limited to custom repairing of the types of merchandise sold on the premises at retail; the floor area devoted to such repairing shall not exceed 20 percent of the total floor area occupied by the particular enterprise of which it is a part, except that the limitations of this paragraph shall not apply to shoe, radio, television, or other small household appliance repair service.
3. 
Business Offices, Professional Services or Personal Services to the Individual. This regulation applies to all parts of Table 18.52.010B that have a [3].
Business offices and any type of use rendering professional services or personal services to the individual shall be permitted; provided:
(a) 
The service does not involve keeping the person receiving the service overnight on the premises;
(b) 
The service does not include selling alcoholic beverages for on-premises consumption unless accessory to restaurant;
(c) 
The service does not involve in whole or in part the providing of recreation, recreational facilities, or entertainment other than moorage for private pleasure craft; and
(d) 
The professional service does not include kennels or small animal hospitals or clinics.
4. 
Public Utility Installation. This regulation applies to all parts of Table 18.52.010B that have a [4]. Public utility installation shall be permitted in the N-C Zone when relating directly to local distribution of services including switching and transmission stations, but not including warehouses, service yards, or the like unless otherwise permitted by this Title.
5. 
Public Off-Street Parking Facilities (Publicly or Privately Owned and Operated). This regulation applies to all parts of Table 18.52.010B that have a [5].
Any area so used shall not be used for a vehicle, trailer, or boat sales area or for the accessory storage of such vehicles.
6. 
One Antenna System (Which Exceeds the Maximum Building Height Specified for the Commercial Zone). This regulation applies to all parts of Table 18.52.010B that have a [6].
(a) 
Does not exceed 15 feet in height above the building height limitation for the applicable zone;
(b) 
Is set back at least the vertical height of the antenna system measured from the center point of the base of the mast horizontally to the nearest property line;
(c) 
Has a maximum horizontal cross-sectional area for that part of the mast which is above building height limitation for the zone such that an imaginary four-inch diameter circle would encompass all points of the horizontal cross-section;
(d) 
Has a maximum allowable three-dimensional space intrusion of 1,200 cubic feet for single ground plane antennas with a single driven element, and 200 cubic feet for beams, quads, and other multi-element antennas; provided, that these limitations on three-dimensional space intrusion shall not be applicable to single long-wire antennas, single whip antennas, and single coaxial antennas. In this paragraph, "three-dimensional space intrusion" means the space within an imaginary rectangular prism which contains all extremities of an antenna;
(e) 
Does not encroach into any required setback for the zone; a guy wire and anchor point for an antenna system is prohibited in any required setback or within three feet of the side or rear property lines; provided, if any alley abuts a rear property line, a guy wire and anchor point may extend to the rear property line;
(f) 
Provided, that a variation from the above limitations not to exceed 10 percent may be granted by City administrative officials; such variation shall be granted when it will not significantly increase the hazard factor, the aesthetic impact, or the economic consequences of such antenna system; and
(g) 
Further provided, that all antenna systems exceeding the above limitations and legally in place on November 5, 1978, the effective date of the ordinance codified in this subsection (6), shall have one year within which to satisfy the requirements for and receive a conditional use permit which authorizes the continued placement of such antenna system.
Institutional Campus Zone
Every use locating in the I-C Zone is subject to the standards of chapter 18.95 DMMC.
6.1. 
This regulation applies to all parts of Table 18.52.010B that have a [6.1]. These uses shall be permitted only in conjunction with a mixed use or educational facility development reviewed under a master plan pursuant to chapter 18.95 DMMC.
6.2. 
NAICS Sector 71 – Arts, entertainment, and recreation uses are permitted in the I-C Zone, with the exception of amusement parks and arcades (7131) and gambling industries (7132).
6.3. 
Mixed Use. In the I-C Zone, mixed use developments reviewed under a master plan pursuant to chapter 18.95 DMMC may incorporate structures containing single-purpose multifamily residential buildings or single-purpose commercial buildings.
6.4. 
Small scale to serve site development.
6.5. 
To serve colleges, universities or educational facilities.
Every use locating in the B-P Zone is subject to the standards of chapter 18.105 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.
7. 
Services. This regulation applies to all parts of Table 18.52.010B that have a [7].
Services in the B-P Zone are limited to the following:
(a) 
Administrative support services (561);
(b) 
Professional, scientific, and technical services (54);
(c) 
Management of companies and enterprises (55);
(d) 
Health care services (621); provided, that this use is prohibited north of South 200th Street;
(e) 
Repair services (8112, 8113 and 8114);
(f) 
Personal services (812);
(g) 
Recreation services (711310, 712110, 712120, 712190, 713940, and 713990); provided, that these uses are prohibited north of South 200th Street;
(h) 
Real estate institutions and rental services (53);
(i) 
Publishing, telecommunications, Internet service providers, and data processing services (51);
(j) 
Educational services (6114, 6115, 6116 and 6117); and
(k) 
Religious, business and professional associations (813); provided, that these uses are prohibited north of South 216th Street.
8. 
Light Manufacturing, Fabrication, and Assembly. This regulation applies to all parts of Table 18.52.010B that have an [8].
Light manufacturing, fabrication, and assembly of the following and closely related products are limited to the following:
(a) 
Food products (3114, 3117, 3118, 3119, and 3121);
(b) 
Apparel manufacturing (315);
(c) 
Wood products manufacturing (3219);
(d) 
Furniture and related products manufacturing (337);
(e) 
Pharmaceutical and medicine manufacturing (3254);
(f) 
Computer and electronic product manufacturing (334);
(g) 
Electrical equipment and components manufacturing (335);
(h) 
Fabricated metal products manufacturing (3321, 3322, 3323, 3325, 3326, and 3327);
(i) 
Medical equipment and supplies manufacturing (3391);
(j) 
Printing and related support activities (323);
(k) 
Stone, clay, glass, ceramics, pottery, china manufacturing (3271 and 3272); and
(l) 
Toys, jewelry, and other miscellaneous manufacturing (3399).
9. 
Retail Trade. This regulation applies to all parts of Table 18.52.010B that have a [9].
Retail trade in the B-P Zone is limited to the following:
(a) 
Restaurants (722);
(b) 
Building material and garden equipment and supplies dealers (444);
(c) 
General merchandise stores (452 and 445); provided, that these uses are prohibited north of South 200th Street;
(d) 
Furniture and home furnishing stores (442); and
(e) 
Electronic and appliance stores (443).
10. 
Public Facilities. This regulation applies to all parts of Table 18.52.010B that have a [10]. Public Facilities in the B-P Zone are limited to the following:
(a) 
Public parks (no NAICS code);
(b) 
Public administration (92); and
(c) 
Public utilities (221121, 221122, and 221210).
11. 
Transportation and Wholesale Trade. This regulation applies to all parts of Table 18.52.010B that have an [11].
Transportation and wholesale trade are limited to the following:
(a) 
Wholesale trade (42); provided, that 4235 is prohibited;
(b) 
Motor freight transportation (484);
(c) 
Support activities for freight transportation (4884, 4885, and 4889); and
(d) 
Courier and postal services (492 and 493).
12. 
Electric Power Generation, Biomass. This regulation applies to all parts of Table 18.52.010B that have a [12].
Electric Power Generation, Biomass (221119), is prohibited south of South 216th Street and north of South 208th Street.
13. 
Foreign Trade. This regulation applies to all parts of Table 18.52.010B that have a [13]. Operation of foreign trade zones is limited to the permitted uses allowed in the B-P and PR-C Zones.
14. 
Contractors. This regulation applies to all parts of Table 18.52.010B that have a [14].
Contractors in the B-P and PR-C Zones shall be limited to building and special trade (23).
Community Commercial Zone
Every use locating in the C-C Zone is subject to the standards of chapter 18.110 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.
15. 
Retail Trade (With Ancillary Wholesale Trade). This regulation applies to all parts of Table 18.52.010B that have a [15].
Retail trade with ancillary wholesale trade in the C-C Zone is limited to the following:
(a) 
Building materials, hardware, and garden supply, except mobile home dealers (52);
(b) 
General merchandise stores (53);
(c) 
Food stores (54);
(d) 
Gasoline service stations, and other alternative motor vehicle fuels (5541);
(e) 
Apparel and accessory stores (56);
(f) 
Home furniture, furnishings, and equipment stores (57);
(g) 
Eating and drinking places (58); and
(h) 
Miscellaneous retail (59), except fuel dealers (598).
16. 
Services. This regulation applies to all parts of Table 18.52.010B that have a [16]. Services in the C-C Zone are limited to the following:
(a) 
Hotels and motels (701);
(b) 
Personal and business services, with ancillary wholesale trade (72-73), except the following:
(i) 
Industrial launderers (7218);
(ii) 
Billboard advertising (7312);
(iii) 
Heavy construction equipment rental and leasing (7353);
(iv) 
Industrial truck rental and leasing (7359); and
(v) 
Oil extraction equipment rental and leasing (7359);
(c) 
Automobile parking (7521) limited to properties that are municipally owned or operated or controlled by a City-sanctioned business neighborhood association; and provided, that facilities for parking are constructed and maintained to meet minimum required parking improvements specified in chapter 18.210 DMMC within three years of the commencement of such use;
(d) 
General automotive repair shops (7538);
(e) 
Car washes (7542);
(f) 
Miscellaneous repair services (76), except the following:
(i) 
Tank and boiler cleaning service (7699); and
(ii) 
Tank truck cleaning service (7699);
(g) 
Motion picture services (78);
(h) 
Amusement and recreation services (79), except the following:
(i) 
Adult entertainment facilities and adult motion picture theaters (no SIC); and
(ii) 
Racing, including track operation (7948);
(i) 
Health services (80);
(j) 
Legal services (81);
(k) 
Educational services (82);
(l) 
Social services (83);
(m) 
Museums, art galleries, and botanical and zoological gardens (84);
(n) 
Membership organizations (86);
(o) 
Engineering, accounting, research, management, and related services (87); and
(p) 
Services, not elsewhere classified (89).
17. 
Public Administration Facilities. This regulation applies to all parts of Table 18.52.010B that have a [17].
Public administration facilities (91-97) are permitted in the C-C Zone with the exception of correctional institutions (9223).
18. 
Automobile Repair, Car Washes, Automobile Service Stations, and Uses with Drive-Through Facilities. This regulation applies to all parts of Table 18.52.010B that have an [18].
Automobile repair, car washes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards in the C-C Zone:
(a) 
Automobile repair and the installation of automobile parts and accessories shall be primarily contained within an enclosed structure;
(b) 
Unless specifically authorized by the Planning, Building and Public Works Director, vehicular access shall be limited to one driveway per street frontage;
(c) 
Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines;
(d) 
A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance; and
(e) 
Vehicle storage shall be limited to those vehicles contracted for repair or service.
19. 
On-Site Retail. This regulation applies to all parts of Table 18.52.010B that have a [19].
All products which are manufactured, processed, or treated on the premises must also be sold at retail to the general public on-site.
20. 
Public Automobile Parking. This regulation applies to all parts of Table 18.52.010B that have a [20].
Public automobile parking (7521) shall not be permitted in the C-C Zone.
Downtown Commercial Zone
Every use locating in the D-C Zone is subject to the standards of chapter 18.115 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B
21. 
Retail Trade (with Ancillary Wholesale Trade). This regulation applies to all parts of Table 18.52.010B that have a [21].
Retail trade with ancillary wholesale trade in the D-C Zone is limited to the following:
(a) 
Breweries/Wineries/Distilleries (3121) if accessory uses in conjunction with eating or drinking places or retail;
(b) 
Building materials, hardware, and garden supply, except mobile home dealers (52);
(c) 
General merchandise stores (53);
(d) 
Food stores (54);
(e) 
Gasoline service stations, and other alternative motor vehicle fuels (5541);
(f) 
Apparel and accessory stores (56);
(g) 
Home furniture, furnishings, and equipment stores (57);
(h) 
Eating and drinking places (58); and
(i) 
Miscellaneous retail (59), except fuel dealers (598).
22. 
Services. This regulation applies to all parts of Table 18.52.010B that have a [22].
Services in the D-C Zone are limited to the following:
(a) 
Hotels and motels (701);
(b) 
Personal and business services, with ancillary wholesale trade (72-73), except the following:
(i) 
Industrial launderers (7218);
(ii) 
Billboard advertising (7312);
(iii) 
Heavy construction equipment rental and leasing (7353);
(iv) 
Industrial truck rental and leasing (7359); and
(v) 
Oil extraction equipment rental and leasing (7359);
(c) 
Automobile parking (7521) limited to properties that are municipally owned or operated or controlled by a City-sanctioned business neighborhood association; and provided, that facilities for parking are constructed and maintained to meet minimum required parking improvements specified in chapter 18.210 DMMC within three years of the commencement of such use;
(d) 
General automotive repair shops (7538);
(e) 
Car washes (7542);
(f) 
Miscellaneous repair services (76), except the following:
(i) 
Tank and boiler cleaning service (7699); and
(ii) 
Tank truck cleaning service (7699);
(g) 
Motion picture services (78);
(h) 
Amusement and recreation services (79), except the following:
(i) 
Adult entertainment facilities and adult motion picture theaters (no SIC); and
(ii) 
Racing, including track operation (7948);
(i) 
Health services (80);
(j) 
Legal services (81);
(k) 
Educational services (82);
(l) 
Social services (83);
(m) 
Museums, art galleries, and botanical and zoological gardens (84);
(n) 
Membership organizations (86);
(o) 
Engineering, accounting, research, management, and related services (87); and
(p) 
Services, not elsewhere classified (89).
23. 
Public Administration Facilities. This regulation applies to all parts of Table 18.52.010B that have a [23]. Public administration facilities (91-97) are permitted in the D-C Zone with the exception of correctional institutions (9223).
24. 
Boat Storage. This regulation applies to all parts of Table 18.52.010B that have a [24].
Boat storage and repair shall be permitted only as an accessory use on property principally permitted for marina use and shall conform to the following additional limitations and standards:
(a) 
The size and location of all boat storage facilities shall be consistent with the Council-adopted marina master plan;
(b) 
All out-of-water boat repair shall be within a fully secured and fenced area not accessible by the general public;
(c) 
All boat repair work shall have containment areas and employ disposal methods for pollutants and toxic substances consistent with Puget Sound Clean Air Agency and NPDES standards;
(d) 
Only those boats and similar vessels that will be immediately and actively under repair shall be moved to or placed within a designated boat repair facility.
25. 
Automobile Repair, Car Washes, Automobile Service Stations, and Uses with Drive-Through Facilities. This regulation applies to all parts of Table 18.52.010B that have a [25].
Automobile repair, car washes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards in the D-C Zone:
(a) 
Automobile repair and the installation of automobile parts and accessories shall be wholly performed within an enclosed structure approved by the Building Official for such occupancy;
(b) 
Each automotive and service repair facility shall be limited to a maximum of one service bay for each 7,500 square feet of land area per business site;
(c) 
Service bays shall be fully utilized to store and park vehicles contracted for repair or service;
(d) 
The number of vehicles stored or parked outside for repair or service shall not be greater than the minimum number of required parking stalls serving the auto repair facility pursuant to chapter 18.210 DMMC;
(e) 
No outside parking or storage of employee vehicles, customer vehicles, or vehicles contracted for service shall occur in any area that is not designated and approved by the City as an on-site parking stall;
(f) 
Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines; and
(g) 
A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance.
26. 
Mixed Use. This regulation applies to all parts of Table 18.52.010B that have a [26]. Mixed use development in the D-C Zone shall conform to the following limitations and standards:
(a) 
Mixed use structures shall contain area for retail trade or personal and business services, at street level as follows:
(i) 
Pedestrian access from the public sidewalk to the retail trade or personal and business services shall be provided;
(ii) 
A minimum of 60 percent of the street level floor area shall be occupied by retail trade or personal and business services;
(iii) 
A minimum of 75 percent of the street level building frontage adjacent to public right(s)-of-way shall contain floor area for retail trade or personal and business services uses; and
(iv) 
Building space allocated for retail trade or personal and business service uses at the street level shall have a minimum gross interior depth dimension of 55 feet measured perpendicular to the property line abutting the public street(s) serving the site.
(b) 
The City Manager or designee is authorized to consider and approve up to a 20 percent reduction of the bulk requirements specified in subsection (26)(a) of this section when a development proposal incorporates on-site parking substantially at street floor level for retail trade or personal and business service uses and the City Manager or designee determines that the proposed reduction(s) does not compromise, interrupt, or interfere with the desired functionality of the building or the continuity of City pedestrian-oriented design goals in the general area and pedestrian access to the site from the public sidewalk or right-of-way.
(c) 
Mixed use developments shall comply with all the requirements of chapter 18.155 DMMC, except for private recreational requirements established by DMMC § 18.155.050(2).
(d) 
A detached structure that contains residential uses and does not meet the requirements for mixed use structures is prohibited.
27. 
Educational Services, Colleges and Professional Schools. This regulation applies to all parts of Table 18.52.010B that have a [27].
Educational services (82) are permitted in the D-C Zone; however, colleges, universities, junior colleges, and professional schools (822) require an Unclassified Use Permit (UUP). See chapter 18.140 DMMC.
Highway Commercial Zone
Every use locating in the H-C Zone is subject to the standards of chapter 18.125 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.
28. 
Building Materials Stores and Yards, Retail Only. This regulation applies to all parts of Table 18.52.010B that have a [28].
Building materials stores and yards (retail only) are permitted in the H-C Zone; provided, that any required wall on a property line common with residential property shall be not less than eight feet in height.
29. 
Ceramic Products. This regulation applies to all parts of Table 18.52.010B that have a [29].
The manufacture of ceramic products, including figurines (but not including bricks, drain, building, or conduit tile), shall be permitted in the H-C Zone using only previously pulverized clay and batch kilns as distinguished from shuttle, tunnel, or beehive kilns, and such batch kilns shall not exceed a total capacity of 130 cubic feet.
30. 
Garages, Public. This regulation applies to all parts of Table 18.52.010B that have a [30].
Public garages, including repair, when entirely in an enclosed building.
31. 
Glass Edging, Beveling, and Silvering. This regulation applies to all parts of Table 18.52.010B that have a [31].
Glass edging, beveling, and silvering shall be permitted in the H-C Zone in connection with the sales of mirrors and glass-decorated furniture.
32. 
Machine Shop. This regulation applies to all parts of Table 18.52.010B that have a [32]. No automatic screw machines or punch press over five tons.
33. 
Pet Shops. This regulation applies to all parts of Table 18.52.010B that have a [33].
Pet shops shall be permitted in the H-C Zone if entirely within a building.
34. 
Public Utility Installations. This regulation applies to all parts of Table 18.52.010B that have a [34]. Public utility installations shall be permitted in the H-C Zone if relating directly to the distribution of services.
35. 
Reserved.
36. 
Automobile Service Stations. This regulation applies to all parts of Table 18.52.010B that have a [36]. Buildings, structures, and the leading edge of pump islands shall not be closer than 20 feet to any street property line, except that service station canopies and marquees may project 10 feet into the required setback.
37. 
Educational Services. This regulation applies to all parts of Table 18.52.010B that have a [37]. Education services in the H-C Zone are limited to business or commercial schools.
38. 
Cocktail Lounges. This regulation applies to all parts of Table 18.52.010B that have a [38]. Cocktail lounges shall be permitted in the H-C Zone when located within a restaurant.
39. 
Death Care Services. This regulation applies to all parts of Table 18.52.010B that have a [39]. Death care services in the H-C Zone shall be limited to mortuaries.
40. 
Hotels/Motels. This regulation applies to all parts of Table 18.52.010B that have a [40]. Hotels and motels in the H-C Zone shall not include apartment hotels.
41. 
Auction House. This regulation applies to all parts of Table 18.52.010B that have a [41]. Auction houses or stores in the H-C Zone shall not include vehicles or livestock.
42. 
Boat Moorage. This regulation applies to all parts of Table 18.52.010B that have a [42]. Boat Moorage in the H-C Zone shall be permitted for private pleasure craft.
Pacific Ridge Commercial Zone
Every use locating in the PR-C Zone is subject to the standards of chapter 18.135 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.
43. 
Retail Trade, Used Car Dealers. This regulation applies to all parts of Table 18.52.010B that have a [43]. Retail trade (44-45) is permitted in the PR-C Zone, but no more than two exclusive used car dealers (441120) shall be allowed.
44. 
Real Estate Rental and Leasing. This regulation applies to all parts of Table 18.52.010B that have a [44].
Mini-warehouses and self-storage units (53113) may be on joint use parcels abutting Pacific Highway provided another nonstorage commercial use fronts on Pacific Highway South.
45. 
Administrative and Support Services. This regulation applies to all parts of Table 18.52.010B that have a [45]. Limited to NAICS codes 561110 (administrative) and 561210 (support services).
46. 
Arts, Entertainment, and Recreation. This regulation applies to all parts of Table 18.52.010B that have a [46]. Adult entertainment facilities are only permitted within the PR-C Zone south of South 216th Street and are prohibited within 1,000 feet of the property lines of churches, common schools, day care centers, and public facilities, and within 1,000 feet of any other adult entertainment facilities. Adult entertainment facilities are subject to the additional standards of chapters 5.48 and 18.160 DMMC.
47. 
Accommodation and Food Services. This regulation applies to all parts of Table 18.52.010B that have a [47].
Accommodation and food services (72) in the PR-C Zone are limited to the following:
(a) 
Hotels (except casino hotels) and motels (72111), except that these must contain a minimum of 75 guest rooms;
(b) 
Casino hotels (721120); and
(c) 
Food services (722310 – 7223515); however, mobile food services (722330) are also regulated by chapter 5.57 DMMC.
48. 
Automobile Repair, Automobile Service Stations, and Similar Uses. This regulation applies to all parts of Table 18.52.010B that have a [48]. General automotive repair (811111), automotive exhaust system repair (811112), automotive transmission repair (811113), automotive body, paint, and interior repair and maintenance (811121), automotive glass replacement shops (811122), automotive oil change and lubrication shops (811191), and similar uses shall be allowed in the PR-C Zone; provided, that all of the following requirements shall be met:
(a) 
Repair and the installation of automobile parts and accessories shall be primarily contained within an enclosed structure;
(b) 
Any business owner proposing to use a building or structure that the proposed use is located or proposed to be located within shall demonstrate to the City, South King Fire and Rescue, and Puget Sound Clean Air Agency that quantities, storage, and transport of hazardous materials are properly managed, work areas provide adequate containment to avoid pollution runoff, and facilities are equipped with proper pretreatment devices to avoid discharge of pollutants to the air or public drainage systems;
(c) 
Unless specifically authorized by the City Manager or the City Manager's designee, views into automobile service bays from Pacific Highway shall be diminished by building orientation, screening, or other means;
(d) 
Vehicular access shall be consistent with the City's street development and construction standards;
(e) 
Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines;
(f) 
A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residential properties as designated by the Des Moines Comprehensive Plan; and
(g) 
Vehicle storage shall be limited to those vehicles contracted for repair or service.
49. 
Public Administration. This regulation applies to all parts of Table 18.52.010B that have a [49]. Public administration (92) uses shall be permitted in the PR-C Zone, except correctional institutions (92214).
50. 
Mixed Use. This regulation applies to all parts of Table 18.52.010B that have a [50]. Mixed use shall be permitted in the PR-C Zone, except:
(a) 
In that part of PR-C fronting on Pacific Highway South and/or South 216th Street, at least 75 percent of the ground floor shall be dedicated to commercial uses and dwellings may not be located on the ground floor;
(b) 
The City Manager or City Manager's designee may, by formal action, waive or modify the requirements of this mixed use requirement for commercial uses, upon approval of a plan that is consistent with the legislative intent to maximize ground floor commercial activity;
(c) 
No residential use is permitted north of South 216th Street.
51. 
Parcel Service Delivery. This regulation applies to all parts of Table 18.52.010B that have a [51]. Parcel service delivery in the PR-C Zone shall be limited to the postal service (491110).
52. 
Public Utility Facilities. This regulation applies to all parts of Table 18.52.010B that have a [52]. Public utility facilities and appurtenances shall be permitted in the PR-C Zone when necessary for the distribution of utility services to final customers within the immediate area.
52.5. 
This regulation applies to all parts of Table 18.52.010B that have a [52.5]. These Business Park-type uses shall be permitted in the PR-C Zone north of South 216th Street.
Transit Commercial Zone
Every use locating in the T-C Zone is subject to the standards of chapter 18.136 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.
53. 
Automobile Equipment, Rental and Leasing. This regulation applies to all parts of Table 18.52.010B that have a [53]. Truck sales, repairs and rentals are permitted in the T-C Zone, but no more than one exclusive truck sales, repair and rental use shall be allowed.
54. 
Automobile, Parking. This regulation applies to all parts of Table 18.52.010B that have a [54]. Paid and stand alone surface parking shall not be permitted in the T-C Zone after June 30, 2024, except that existing on June 30, 2014.
55. 
Bakeries, Manufacturing and Retail Sales. This regulation applies to all parts of Table 18.52.010B that have a [55]. Bakeries shall be permitted in the T-C zone, provided:
(a) 
At least 25 percent of the gross floor area is dedicated to retail sales; and
(b) 
All storage, display, and manufacturing occur within enclosed buildings.
56. 
Confectionery, Manufacture. This regulation applies to all parts of Table 18.52.010B that have a [56]. Confectioneries shall be permitted in the T-C zone, provided:
(a) 
At least 25 percent of the gross floor area is dedicated to retail sales; and
(b) 
All storage, display, and manufacturing occur within enclosed buildings.
57. 
Kennels, Commercial. This regulation applies to all parts of Table 18.52.010B that have a [57]. Kennels shall be allowed in the T-C Zone when accessory to a permitted use.
58. 
Mixed Use. This regulation applies to all parts of Table 18.52.010B that have a [58].
Mixed use development shall conform to the following limitations and standards in the T-C and W-C Zones:
(a) 
Mixed use structures within the W-C Zone shall only be permitted south of South 268th Street.
(b) 
Mixed use structures shall contain area for retail trade or personal and business services at street level as follows:
(i) 
Pedestrian access from the public sidewalk to the retail trade or personal and business services shall be provided;
(ii) 
A minimum of 60 percent of the gross floor area located at the street level shall be occupied by retail trade or personal and business services;
(iii) 
A minimum of 75 percent of the street level building frontage adjacent to public right(s)-of-way shall contain floor area for retail trade or personal and business services uses; and
(iv) 
Building space allocated for retail trade or personal and business service uses at the street level shall have a minimum gross interior depth dimension of 55 feet measured perpendicular to the property line abutting the public street(s) serving the site.
(c) 
The City Manager or the City Manager's designee is authorized to consider and approve up to a 20 percent reduction of the bulk requirements specified in subsection (58)(b) of this section when a development proposal incorporates on-site parking substantially at street floor level for retail trade or personal and business service uses and the City Manager or designee determines that the proposed reduction(s) does not compromise, interrupt, or interfere with the desired functionality of the building or the continuity of City pedestrian-oriented design goals in the general area and pedestrian access to the site from the public sidewalk or right-of-way.
(d) 
Mixed use developments shall comply with all the requirements of chapter 18.155 DMMC, except for private recreational requirements established by DMMC § 18.155.050(2).
(e) 
Mixed use projects in the W-C Zone shall include a Crime Prevention Through Environmental Design ("CPTED") review as part of the design review process.
(f) 
A detached structure that contains residential uses and does not meet the requirements for mixed use structures is prohibited, except as provided for in subsection (58)(g) of this section.
(g) 
When a mixed use development as a whole meets the general intent of subsection (58)(b) of this section, the requirements contained in subsections (58)(b), (c), (d) and (f) of this section may be modified as part of a planned unit development (PUD) and associated development agreement that are approved by the City Council.
59. 
Pet Boarding. This regulation applies to all parts of Table 18.52.010B that have a [59]. Pet boarding shall be allowed in the T-C Zone when accessory to a permitted use.
60. 
Public Administration Facilities. This regulation applies to all parts of Table 18.52.010B that have a [60]. Public administration (92) uses shall be permitted in the T-C Zone, except correctional institutions (92214).
61. 
Public Utility Installations. This regulation applies to all parts of Table 18.52.010B that have a [61]. Public utility installations shall be permitted in the T-C Zone if relating directly to the distribution of services.
62. 
Self-Storage/Mini-Warehouse Leasing. This regulation applies to all parts of Table 18.52.010B that have a [62]. Only public storage existing on June 30, 2014, shall be permitted.
63. 
Services, Miscellaneous. This regulation applies to all parts of Table 18.52.010B that have a [63]. Limited to NAICS codes 561110 (administrative) and 561210 (support services).
64. 
Taverns and Cocktail Lounges. This regulation applies to all parts of Table 18.52.010B that have a [64]. Cocktail lounges shall be permitted in the T-C Zone when located within a restaurant.
65. 
Theaters. This regulation applies to all parts of Table 18.52.010B that have a [65]. Adult motion picture theaters are prohibited within the T-C Zone.
66. 
Wholesale Business. This regulation applies to all parts of Table 18.52.010B that have a [66]. Wholesale business shall be permitted in the T-C Zone when accessory to a permitted retail use.
Woodmont Commercial Zone
Every use locating in the W-C Zone is subject to the standards of chapter 18.127 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.
67. 
Retail Trade (With Ancillary Wholesale Trade). This regulation applies to all parts of Table 18.52.010B that have a [67].
Retail trade with ancillary wholesale trade in the W-C Zone is allowed for all retail trade uses except fuel dealers (598)
68. 
Services. This regulation applies to all parts of Table 18.52.010B that have a [68]. Services in the W-C Zone are limited to the following:
(a) 
Hotels and motels (701);
(b) 
Personal and business services, with ancillary wholesale trade (72-73), except the following:
(i) 
Industrial launderers (7218);
(ii) 
Billboard advertising (7312);
(iii) 
Heavy construction equipment rental and leasing (7353);
(iv) 
Oil extraction equipment rental and leasing (7359);
(c) 
General automotive repair shops (7538);
(d) 
Car washes (7542);
(e) 
Miscellaneous repair services (76), except the following:
(i) 
Tank and boiler cleaning service (7699); and
(ii) 
Tank truck cleaning service (7699);
(f) 
Motion picture services (78);
(g) 
Amusement and recreation services (79), except the following:
(i) 
Adult entertainment facilities and adult motion picture theaters (no SIC); and
(ii) 
Racing, including track operation (7948);
(h) 
Health services (80);
(i) 
Legal services (81);
(j) 
Educational services (82);
(k) 
Social services (83);
(l) 
Museums, art galleries, and botanical and zoological gardens (84);
(m) 
Membership organizations (86);
(n) 
Engineering, accounting, research, management, and related services (87); and
(o) 
Services, not elsewhere classified (89).
69. 
Public Administration Facilities. This regulation applies to all parts of Table 18.52.010B that have a [69].
Public administration facilities (91-97) are permitted in the W-C Zone with the exception of correctional institutions (9223).
70. 
Automobile Repair, Car Washes, Automobile Service Stations, and Uses with Drive-Through Facilities. This regulation applies to all parts of Table 18.52.010B that have a [70].
Automobile repair, car washes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards in the W-C Zone:
(a) 
Automobile repair and the installation of automobile parts and accessories shall be primarily contained within an enclosed structure;
(b) 
Unless specifically authorized by the Planning, Building and Public Works Director, vehicular access shall be limited to one driveway per street frontage;
(c) 
Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines;
(d) 
A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance; and
(e) 
Vehicle storage shall be limited to those vehicles contracted for repair or service.
71. 
On-Site Retail. This regulation applies to all parts of Table 18.52.010B that have a [71].
All products which are manufactured, processed, or treated on the premises must also be sold at retail to the general public on-site.
72. 
Public Automobile Parking. This regulation applies to all parts of Table 18.52.010B that have a [72].
Public automobile parking (7521) shall not be permitted in the W-C Zone.
73. 
Bakeries (Manufacturing and Retail Sales) and Confectionery (Manufacture). This regulation applies to all parts of Table 18.52.010B that have a [73]. Bakeries shall be permitted in W-C Zone, provided:
(a) 
At least 10 percent of the gross floor area is dedicated to retail sales; and
(b) 
All storage, display, and manufacturing occur within enclosed buildings.
74. 
Nonprofit Regional Care Facilities. This regulation applies to all parts of Table 18.53.010B that have a [74]. Only the nonprofit regional care facilities that have submitted a complete application on or before the effective date of Ordinance No. 1618-A shall be allowed. These facilities will be considered grandfathered as legal conforming uses with respect to expansion or replacement:
(a) 
Community care facilities;
(b) 
Health care and social services; and
(c) 
Hospitals (mental and alcoholic).
75. 
Taverns and Cocktail Lounges. This regulation applies to all parts of Table 18.52.010B that have a [75]. Cocktail lounges shall be permitted in the W-C Zone when located within a restaurant.
76. 
Theaters. This regulation applies to all parts of Table 18.52.010B that have a [76]. Adult motion picture theaters are prohibited within the W-C Zone.
77. 
Wholesale Business. This regulation applies to all parts of Table 18.52.010B that have a [77]. Wholesale business shall be permitted in the W-C Zone when accessory to a permitted retail use.
All Zones
78. 
Reserved.
79. 
Recreational Marijuana. This regulation applies to all parts of Table 18.52.010B that have a [79]. State licensed marijuana producers, processors, and retailers may locate in the City pursuant to chapter 18.250 DMMC.
80. 
Family Day Care Providers. This regulation applies to all parts of Table 18.52.010B that have an [80]. A family day care provider home facility is a permitted use in all zones, subject to the conditions in chapter 18.180 DMMC.
81. 
Social Service Facilities. This regulation applies to all parts of Table 18.52.010B that have an [81]. Social service facilities shall conform to the following limitations and standards:
(a) 
Outdoor play/recreation areas for children shall be set back a minimum of five feet from property lines; and
(b) 
Unless specifically authorized by the City Manager or designee, passenger loading and unloading areas shall be provided on site.
82. 
Welding Repair. This regulation applies to all parts of Table 18.52.010B that have an [82]. Welding repair shall only be permitted in an enclosed structure.
83. 
These essential public facilities are permitted as Type III quasi-judicial decision by the Hearing Examiner in accordance with DMMC § 18.20.080 and shall comply with chapters 18.140 and 18.255 DMMC.
84. 
These essential public facilities are permitted as Type IV quasi-judicial decision by the City Council in accordance with DMMC § 18.20.080 and shall comply with chapters 18.140 and 18.255 DMMC.
85. 
These essential public facilities are a permitted use and do not require a CUP/UUP only when the City and the proponent agree to process the application with a development agreement in accordance with the provisions of chapter 18.255 DMMC.
86. 
Limited to facilities for public purposes by a public agency.
87. 
Permitted uses listed in this section utilizing hazardous material exceeding the quantities in the International Building or Fire Codes with regard to exempt amounts of materials presenting a physical or health hazard – maximum quantities per control area.
88. 
For fire stations and public works maintenance and storage facilities, all buildings and structures shall maintain a distance of not less than 20 feet from any property line that is a common property line with Residential zoned property; and a building from which fire-fighting equipment emerges onto a street shall maintain a distance of 35 feet from such street.
89. 
Excluding family day care providers, subject to the following minimum conditions:
(a) 
A play yard or equipment yard shall not be located in any required side or front yard;
(b) 
All buildings and structures on the lot shall maintain a distance of not less than 20 feet from any property line that is common property line with single-family residential property. If a greater setback is specified in a particular zone then the setback requirements of the particular zone shall prevail over the minimum setback set forth in this subsection;
(c) 
No day care center shall be located within 150 feet of a Highway Commercial Zone;
(d) 
State licensing standards for such facilities, chapter 388-73 WAC, shall be met;
(e) 
Such uses shall comply with the parking code requirements of chapter 18.210 DMMC.
90. 
Includes wholesale trade and distribution of groceries (SIC 5141), grocery and related products not elsewhere classified (SIC 5149), fish and seafoods (SIC 5146), meats and meat products (SIC 5147), manufacturing and processing of sausages and other prepared meat products (SIC 2013), and servicing machines, coin-operated (SIC 3589); provided, the following conditions shall be conformed to:
(a) 
Uses shall be limited only to property zoned C-C, Community Commercial; and
(b) 
Required perimeter landscape and screening requirements adjacent to residentially zoned properties shall be increased as follows:
(i) 
Minimum width of required landscape planters shall be 15 feet; and
(ii) 
Planting beds shall contain appropriately amended soils and be bermed to a height of three feet; and
(iii) 
Type I landscape plant material requirements shall include the use of eight-foot-tall specimen trees throughout; and
(iv) 
A solid wall six feet in height shall be constructed adjacent to the property line; and
(c) 
Submittal of a traffic report and a binding truck routing plan prepared by a licensed engineer demonstrating that impacts to local streets will not be significantly adverse and that the existing street system has both the capacity and physical improvements necessary to accommodate the type of vehicles serving the uses proposed.
91. 
Emergency Housing and Emergency Shelter. This regulation applies to all parts of Table 18.52.010B that have a [91].
Emergency housing and emergency shelter shall be subject to the requirements of chapter 18.140 DMMC, DMMC § 18.182.050 and other related provisions of this Title.
92. 
Permanent Supportive Housing. This regulation applies to all parts of Table 18.52.010B that have a [92].
Permanent supportive housing shall be subject to the requirements of chapter 18.140 DMMC, DMMC § 18.182.050 and other related provisions of this Title.
(a) 
The Hearing Examiner may approve equal square footage of common recreation space in lieu of private recreation space requirements.
93. 
Uses shall be limited to B-P Zoned properties located north of South 216th Street; provided, that legal conforming B-P developments that existed within the South Subarea of the North Central Neighborhood on the effective date of Ordinance 1775 are exempt from this limitation.
(Ord. 1591 § 133, 2014; Ord. 1601 § 12, 2014; Ord. 1618-A § 8, 2015; Ord. 1644 § 2, 2016; Ord. 1645 § 1, 2016; Ord. 1655 § 8, 2016; Ord. 1656 § 4, 2016; Ord. 1661 § 2, 2016; Ord. 1669 § 2, 2016; Ord. 1672 § 1, 2017; Ord. 1697 § 3, 2018; Ord. 1701 § 1, 2018; Ord. 1714 § 2, 2019; Ord. 1719 § 1, 2019; Ord. 1737 § 9, 2020; Ord. 1750 § 3, 2021; Ord. 1775 § 5, 2023)

§ 18.55.010 Title.

This chapter shall be entitled "Single-Family Residential Zone."
(Ord. 1591 § 134, 2014)

§ 18.55.020 Application.

This chapter shall apply to all areas zoned Single-Family Residential.
(Ord. 1591 § 135, 2014)

§ 18.55.030 Purpose.

The principal objective and purpose to be served by this zone and its application is to create a living environment of the highest standards for single-family dwellings. Other related uses contributing directly to a complete living environment are considered compatible and therefore also permitted. A further related consideration is to make it possible to more efficiently and economically design, install, and maintain all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use.
(Ord. 1591 § 136, 2014)

§ 18.55.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 137, 2014)

§ 18.55.050 Lot area.

(1) 
To accomplish the purpose of this chapter, there are established in the Single-Family Residential Zone five minimum required lot area standards with respect to each of which different related yards and open spaces and are identified on the zoning map by the designations RS-15,000, RS-9,600, RS-8,400, RS-7,200, and RS-4,000:
(a) 
The minimum required area of a lot in an area designated as RS-15,000 shall be 15,000 square feet provided, however, in the geographic area described as follows:
Property located in the S.W. 1/4 of Section 17, T22N, R4E, W.M. The real property is enclosed by the following boundaries: west of the western margin of Marine View Drive, north of the northern margin of S. 240th Street, east of the Puget Sound East Passage O.H.W., and south of the north line of the S.E. 1/4 of the S.W. 1/4 of said section as recorded in King County, Washington records. A lot containing a minimum area of 25,000 square feet may be subdivided into no more than two lots, each containing a minimum area of 12,500 square feet, provided sanitary sewer service is available to the lot.
(b) 
The minimum required area of a lot in an area designated as RS-9,600 shall be 9,600 square feet.
(c) 
The minimum required area of a lot in an area designated as RS-8,400 shall be 8,400 square feet.
(d) 
The minimum required area of a lot in an area designated as RS-7,200 shall be 7,200 square feet.
(e) 
The minimum required area of a lot in an area designated as RS-4,000 shall be 4,000 square feet.
(2) 
In a multiple-lot subdivision containing four or more lots, the minimum lot area shall be deemed to have been met if the average lot area is not less than the minimum lot area requirement of the zone in which the property is located. In computing the average square foot area of lots in a subdivision, not more than 25 percent of the number of lots may contain an area less than the prescribed minimum for the zone, but in no case shall a lot contain less area than as set forth in the following:
(a) 
In RS-15,000, 13,500 square feet of lot area;
(b) 
In RS-9,600, 8,640 square feet of lot area;
(c) 
In RS-8,400, 7,560 square feet of lot area;
(d) 
In RS-7,200, 6,400 square feet of lot area;
(e) 
In RS-4,000, 3,600 square feet of lot area; and
(3) 
Provided further, that for lots containing more than the minimum lot area required for the zone in which the property is located, not more than the following areas of such lots may be credited in determining the average lot area:
(a) 
In RS-15,000, 16,500 square feet of lot area;
(b) 
In RS-9,600, 10,560 square feet of lot area;
(c) 
In RS-8,400, 9,240 square feet of lot area;
(d) 
In RS-7,200, 7,920 square feet of lot area;
(e) 
In RS-4,000, 4,400 square feet of lot area.
(Ord. 1591 § 138, 2014)

§ 18.55.060 Lot area per dwelling unit.

(1) 
In lots approved before August 3, 1964, the lot area per dwelling unit shall be no less than the minimum area of a lot as required for the zone in which the property is located. In lots approved after August 3, 1964, the lot area per dwelling unit for each individual lot shall be the area of the individual lots conforming to the approved subdivision.
(2) 
In the case of a permitted duplex, the lot area per dwelling unit shall be not less than one-half of the minimum required area of the lot. If a lot has less than 7,200 square feet, and was of record on August 3, 1964, the lot area per dwelling unit for a duplex shall be not less than 3,000 square feet.
(Ord. 1591 § 139, 2014)

§ 18.55.070 Lot width.

Every lot in a Single-Family Residential Zone shall maintain a width of not less than the following:
(1) 
The minimum width of a lot in an area designated as RS-15,000 – 80 feet;
(2) 
The minimum width of a lot in an area designated as RS-9,600 – 75 feet;
(3) 
The minimum width of a lot in an area designated as RS-8,400 – 70 feet;
(4) 
The minimum width of a lot in an area designated as RS-7,200 – 60 feet;
(5) 
The minimum width of a lot in an area designated as RS-4,000 – 40 feet.
(Ord. 1591 § 140, 2014)

§ 18.55.080 Front yard.

Every lot in a Single-Family Residential Zone shall have a front yard with a depth of no less than 20 feet. In through lots in the RS-4,000 Zone in the Redondo Neighborhood, the front yard setback shall be measured from the street with the highest roadway classification. In cases where the street classifications are equal, the City shall give deference to the predominant development pattern of yard setbacks and driveway locations.
(Ord. 1591 § 141, 2014; Ord. 1655 § 9, 2016)

§ 18.55.090 Side yard.

(1) 
In a Single-Family Residential Zone every lot shall have a side yard on each side of the lot.
(2) 
For lots 60 feet or more in width, the side yard shall have a width of not less than five feet on one side and 10 feet on the other side.
(3) 
For lots less than 60 feet in width, all side yards shall have a width of not less than five feet.
(Ord. 1591 § 142, 2014)

§ 18.55.100 Rear yard.

(1) 
In a Single-Family Residential Zone every lot type except through lots shall have a rear yard, except that through lots in the RS-4,000 Zone in the Redondo Neighborhood may have a rear yard with the setback measured from the street with the lower roadway classification. In cases where the street classifications are equal, the City shall give deference to the predominant development pattern of yard setbacks and driveway locations.
(2) 
For lots 6,400 square feet or more in area, the rear yard shall have a depth of not less than 20 feet.
(3) 
For lots less than 6,400 square feet in area, the rear yard shall have a depth of not less than 10 feet.
(Ord. 1591 § 143, 2014; Ord. 1655 § 10, 2016)

§ 18.55.110 Height.

In a Single-Family Residential Zone no residential building or structure shall exceed a height of 30 feet.
(Ord. 1591 § 144, 2014)

§ 18.55.120 Permissible lot coverage.

(1) 
In a Single-Family Residential Zone all buildings and structures shall not cover more of the lot than the maximum lot coverage requirements provided in this section.
(2) 
The maximum lot coverage requirements provided in this section shall not apply to open areas for on-site parking and private swimming pools.
(3) 
For lots 6,400 square feet or more in area, maximum lot coverage shall be 35 percent of lot area.
(4) 
For lots less than 4,480 square feet in area, maximum lot coverage shall be 50 percent of lot area.
(5) 
For lots 4,480 to 6,399 square feet in area, maximum lot coverage shall be 2,240 square feet.
(Ord. 1591 § 145, 2014)

§ 18.55.130 Placement of buildings and structures.

Placement of buildings and structures on any lot in a Single-Family Residential Zone shall conform to the following:
(1) 
Interior Lots.
(a) 
Any building or structure any portion of which contains a dwelling unit or accessory dwelling unit shall not be located closer to any property line than allowed by the yard requirements of this chapter;
(b) 
The distance between a building or structure containing a dwelling unit or accessory dwelling unit and any other buildings on the same lot shall be not less than 10 feet;
(c) 
On the rear third of a lot accessory buildings or structures not containing accessory dwelling units may be built on the lot side lines and the lot rear line; provided, not less than 10 feet of the lot rear line shall be free and clear of buildings and structures; and provided further, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance of not less than 15 feet from the centerline of the alley.
(2) 
Corner Lots and Reverse Corner Lots.
(a) 
Except as specified below, any building or structure containing a dwelling unit or accessory dwelling unit and any other building on the same lot shall observe a distance from any lot side line of five feet from one side and 10 feet from the side street side and the rear property line specified by this chapter;
(b) 
The distance between a building or structure containing a dwelling unit or accessory dwelling units and any other buildings on the same lot shall be not less than 10 feet;
(c) 
On the rear third of a corner lot accessory buildings or structures not containing accessory dwelling unit may be built on the lot interior side line and the lot rear line; provided, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance not less than 15 feet from the centerline of such alley;
(d) 
On the rear third of a reverse corner lot accessory buildings or structures not containing accessory dwelling units may be built to the lot interior side line, but no building or structure shall be erected closer to the lot rear line than five feet unless an alley intervenes, in which case accessory buildings or structures may be built to the lot rear line unless the accessory building is a garage with a vehicular entrance directly from the alley, in which case such building or structure shall maintain a distance of not less than 15 feet from the centerline of the alley;
(e) 
In all cases the width of the required side yard on the side street side shall be observed.
(Ord. 1591 § 146, 2014; Ord. 1655 § 11, 2016)

§ 18.55.140 Accessory dwelling units (ADUs).

(1) 
General. Accessory dwelling units must meet all of the standards of the underlying zone in which the property is located. Additionally, accessory dwelling units shall be included in the calculation for allowable units per lot. Example: If four units is the maximum total number of units allowed on a given lot and a triplex has been developed, one ADU may be added to the lot.
(a) 
Impact Fees. All ADUs are subject to adopted impact fees. Refer to the adopted Development and Engineering Services Fee Schedule.
(b) 
Number and Configuration. A single-family residential unit or middle housing unit may have up to three ADUs per lot in the following configurations: attached ADUs, detached ADUs, or a combination of attached and/or detached ADUs.
(c) 
Design Standards. The ADU shall be complementary with the architectural style and materials of the primary residence. Components considered include materials and roof line.
(d) 
Size. The ADU must not be less than 350 square feet of gross floor area and shall not exceed 1,200 square feet of gross floor area.
(e) 
Location. An ADU may be sited at a lot line if the lot line abuts a public alley, unless the city routinely plows snow on the public alley, but all other setbacks of the underlying zone apply.
(f) 
Conversions. An ADU may be converted from legal and legal nonconforming structures existing on the effective date of the ordinance codified in this section, including but not limited to detached garages, even if they violate current code requirements for setbacks and lot coverage for the underlying zone.
(g) 
Separate Sale. An ADU may be sold or otherwise conveyed separately as a condominium unit independently from the primary unit.
(h) 
Required Permits. A property owner shall apply for both a land use permit and a building permit for necessary remodeling or construction. If the ADU is to be a rental, the property owner shall also apply for and obtain a City business license prior to renting out the unit.
(Ord. 1820 § 3, 2025)

§ 18.57.010 Authority.

This chapter is established to regulate the siting of middle housing.
(Ord. 1821 § 4, 2025)

§ 18.57.020 Purpose.

This chapter implements the requirements of Engrossed Second Substitute House Bill 1110 and Engrossed Substitute House Bill 2321 codified in RCW 36.70A.030, 36.70A.280, 36.70A.635, 36.70A.636, 36.70A.637, 36.70A.638, 43.21C.450 and 43.21C.495, and chapters 64.32, 64.34, 64.38, and 64.90 RCW, by providing land use, development, design, and other standards for middle housing developed on all lots zoned predominantly for residential use.
(Ord. 1821 § 5, 2025)

§ 18.57.030 Application.

(1) 
This chapter applies to the following zoning districts which are zones predominately for residential use in Des Moines and are therefore subject to E2SHB 1110 and ESHB 2321:
(a) 
R-SE: Suburban Estate Zone;
(b) 
R-SR: Suburban Residential Zone;
(c) 
Single-Family Residential (SFR) Zones designated as: RS-15,000; RS-9,600; RS-8,400; RS-7,200; and RS-4,000;
(d) 
RA-3600: Attached Townhouse and Duplex 3,600 Zone;
(e) 
RM-2400: Multifamily 2,400 Zone.
(2) 
The provisions of this chapter do not apply to:
(a) 
Portions of a lot, parcel, or tract designated with critical areas or their buffers as identified in chapter 16.10 DMMC (except that restrictions for critical aquifer recharge areas in DMMC § 16.10.260 are not included in this limitation).
(b) 
A lot that was created through the splitting of a single residential lot or via unit lot subdivision.
(Ord. 1821 § 6, 2025)

§ 18.57.040 Middle housing types allowed.

Subject to the requirements of RCW 36.70A.635(5), and limited by the permitted unit density allowed as set out by DMMC § 18.57.050, the following uses are permitted by right:
(1) 
Duplexes – units may be stacked or side by side;
(2) 
Triplexes;
(3) 
Fourplexes;
(4) 
Townhouses (also called townhomes);
(5) 
Stacked flats; and
(6) 
Cottage housing.
(Ord. 1821 § 7, 2025)

§ 18.57.050 Permitted unit density allowed.

The permitted unit density (the number of dwelling units allowed on a lot; provided, that the lot is equal to or greater than 1,000 square feet and is a "parent lot" and not a "unit lot" or lot created from "lot splitting") is the greater of four units per lot or 24 units per acre, unless the zoning yields a high unit count for the lot.
(Ord. 1821 § 8, 2025)

§ 18.57.060 Accessory dwelling units – Calculation of permitted unit density.

(1) 
An accessory dwelling unit (ADU) is considered a dwelling unit when calculating permitted unit density and determining the number of units allowed on a lot or as part of a development proposal. Example: If four units are allowed on a lot and a fourplex has been developed, no ADUs may be added.
(2) 
ADUs must be accessory to a single-family home or a middle housing unit. No more than three ADUs may be included on a single lot; provided, that this will apply to the "parent lot" in cases where unit lot subdivision has occurred.
(3) 
ADUs situated in a single-family residential zone (zones beginning with RS-) are additionally subject to the standards contained in DMMC § 18.55.140.
(Ord. 1821 § 9, 2025)

§ 18.57.070 Requirements for multifamily recreation areas.

(1) 
Chapter 18.155 DMMC, Multifamily Recreation Areas, applies to developments that are established under the middle housing provisions and standards as set out by this chapter, when a multifamily building or complex is established having four or more units; provided, that:
(a) 
The requirements of DMMC § 18.155.060, Play space for preadolescent children, do not apply for projects that are built under the middle housing provisions.
(b) 
Chapter 18.155 DMMC does not apply to cottage housing, which instead has a specific common space requirement.
(Ord. 1821 § 10, 2025)

§ 18.57.080 Design standards for middle housing.

(1) 
These design standards do not apply to the conversion of a structure to a middle housing type with up to four attached units, if the floor area of the structure does not increase more than 50 percent.
(2) 
The purpose of these standards is to promote compatibility of middle housing with other residential uses, including single-family houses; deemphasize garages and driveways as major visual elements along the street; provide clear and accessible pedestrian routes between buildings and street; and implement the definitions of cottage housing provided by state law.
(3) 
The process used for reviewing compliance with middle housing design standards shall be administrative design review.
(4) 
Cottage Housing Standards.
(a) 
Open Space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may include common open space, private open space, setbacks, critical areas, and other open space.
(b) 
Common Open Space.
(i) 
At least one outdoor common open space is required.
(ii) 
Common open space shall be provided equal to a minimum of 300 square feet per cottage. Each common open space shall have a minimum dimension of 15 feet on any side.
(iii) 
Orientation. Common open space shall be bordered by cottages on at least two sides. At least half of cottage units in the development shall abut a common open space and have the primary entrance facing the common open space.
(iv) 
Parking areas and vehicular areas shall not qualify as common open space.
(v) 
Critical areas and their buffers, including steep slopes, shall not qualify as common open space.
(c) 
Entries. All cottages shall feature a roofed porch at least 60 square feet in size with a minimum dimension of five feet on any side facing the street and/or common open space.
(d) 
Community Building. A cottage housing development shall contain no more than one community building and the community building shall have no more than 2,400 square feet of net floor area, excluding attached garages.
(Ord. 1821 § 11, 2025)

§ 18.57.090 Access standards for middle housing.

(1) 
Pedestrian Access. A paved pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement.
(2) 
Vehicle Access, Carports, Garages, and Driveways – For Middle Housing Projects.
(a) 
For lots abutting an improved alley that meets the City's standard for width, vehicular access shall be taken from the alley. Lots without access to an improved alley and taking vehicular access from a street shall meet the standards in subsections (2)(b) through (2)(d) of this section:
(b) 
Garages, driveways, and off-street parking areas shall not be located between a building and a street, except when any of the following conditions are met:
(i) 
The combined width of all garages, driveways, and off-street parking areas does not exceed a total of 60 percent of the length of the street frontage property line. This standard applies to buildings and not individual units [see option a in Figure 18.57.090]; or
(ii) 
The garage, driveway, or off-street parking area is separated from the street property line by a dwelling [see option b in Figure 18.57.090]; or
(iii) 
The garage, driveway, or off-street parking is located more than 100 feet from a street [see option c in Figure 18.57.090].
Figure 18.57.090
18.57.090.tif
(c) 
All detached garages and carports shall not protrude beyond the front building facade.
(d) 
The adopted "City of Des Moines Street Development Standards" (as amended) for driveway separation and access from collector streets and arterial streets shall apply.
(Ord. 1821 § 12, 2025)

§ 18.57.100 Landscape standards for middle housing.

(1) 
Landscaping and Tree Standards. Development regulations for landscaping and tree standards for middle housing shall be equally or less restrictive than those required for detached single-family residences.
(Ord. 1821 § 13, 2025)

§ 18.57.110 Infrastructure standards for middle housing.

(1) 
Transportation, Lot Access and Road Standards. The adopted "City of Des Moines Street Development Standards" (as amended) apply to middle housing; provided, that regulations for driveways, frontage improvements, alley improvements, and other transportation public works and engineering standards which are more restrictive for middle housing than for detached single-family residences shall only apply where life-safety provisions are involved.
(2) 
This section is not intended to limit the applicability of the adopted International Fire Code and the adopted "City of Des Moines Street Development Standards" (as amended).
(Ord. 1821 § 14, 2025)

§ 18.60.010 Title.

This chapter shall be entitled "RA-3,600 Residential: Attached Townhouse and Duplex 3,600 Zone."
(Ord. 1591 § 148, 2014)

§ 18.60.020 Application.

This chapter shall apply to all areas zoned RA-3,600.
(Ord. 1591 § 149, 2014)

§ 18.60.030 Purpose.

The principal objective and purpose to be served by this zone and its application is to implement the City of Des Moines Comprehensive Plan by permitting a limited increase in population density in those areas to which this zone applies by permitting duplexes or attached townhouse dwellings on individual lots. Furthermore, it is the objective and purpose of this chapter to provide development regulations that promote a desirable family living environment by establishing a minimum lot area and yards and open spaces. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet the needs resulting from a defined intensity of land use.
(Ord. 1591 § 150, 2014)

§ 18.60.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A
RCW and other applicable laws.
(Ord. 1591 § 151, 2014)

§ 18.60.050 Application and review process for townhouse developments.

(1) 
A subdivision or short subdivision shall be required for all townhouse developments so that individual townhouse dwellings are located on separate lots.
(2) 
Townhouse developments containing nine or fewer lots shall comply with the applicable provisions of this Title and chapter 17.05 DMMC, Short Subdivisions, or chapter 17.15 DMMC, Modified Subdivisions and Short Subdivisions.
(3) 
Townhouse developments containing 10 or more lots shall comply with the applicable provisions of this Title and chapter 17.10 DMMC, Subdivisions, or chapter 17.05 DMMC, Short Subdivisions, or chapter 18.230 DMMC, Planned Unit Developments.
(4) 
In addition to the application materials specified by chapter 17.40 DMMC, Miscellaneous Provisions, applications for townhouse developments shall include the following:
(a) 
Site plan depicting site and lot boundaries, abutting streets, interior public and private streets, and off-street parking areas, sidewalks, open spaces, recreation facilities, solid waste collection areas, drainage systems, and building locations and setbacks.
(b) 
Landscaping plan.
(c) 
Typical building elevations including the exterior architectural design features and materials.
(d) 
Proposed topography indicated by contours at two-foot intervals. If the proposed townhouse development has slopes that exceed 15 percent, five-foot contour intervals may be used in those areas.
(Ord. 1591 § 152, 2014; Ord. 1737 § 10, 2020)

§ 18.60.060 Dimensional standards.

(1) 
Lot Area.
(a) 
Except as provided below, the minimum required lot area shall be 7,200 square feet. Within a multiple lot subdivision the minimum lot area shall be deemed to have been met if the average lot area is not less than 7,200 square feet. In computing the average area of lots in a subdivision not more than 25 percent of the number of lots may contain an area less than 7,200 square feet and in no case shall a lot contain less than 6,400 square feet of area. For lots containing more than 7,200 square feet of area not more than 8,000 square feet of area may be credited in determining the average.
(b) 
The minimum required area for a townhouse development shall be 7,200 square feet. Within a townhouse development, internal lots for the purpose of individual ownership of dwellings with undivided interest in the common areas and facilities may be less than 7,200 square feet in area.
(2) 
Lot Area Per Dwelling Unit.
(a) 
For duplexes, the lot area per dwelling unit shall not be less than 3,600 square feet. Within multiple lot subdivisions where lots contain an area less than 7,200 square feet but not less than 6,400 square feet, the lot area per dwelling unit shall be one-half of the area of the lot.
(b) 
For townhouse developments, the overall lot area per dwelling unit shall not be less than 3,600 square feet. Within a townhouse development, internal lots for the purpose of individual ownership of dwellings with undivided interest in the common areas and facilities may be less than 3,600 square feet in area.
(c) 
In no case shall residential density exceed 12 dwelling units per acre. For properties where the City of Des Moines Comprehensive Plan specifies a residential density less than 12 units per acre, development upon that property shall not exceed the residential density specified by the City of Des Moines Comprehensive Plan.
(3) 
Lot Width.
(a) 
Except as provided below, every lot in an RA-3,600 Zone shall have a width of not less than 60 feet.
(b) 
Every townhouse development shall have a width of not less than 60 feet. Within a townhouse development, internal lots that provide for individual ownership of dwellings with undivided interest in the common areas and facilities may have a width of less than 60 feet.
(4) 
Front Yard.
(a) 
Except as provided below, every lot shall have a front yard with a depth of not less than 20 feet.
(b) 
Within a townhouse development, the following front yard requirements shall apply:
(i) 
A front yard not less than 20 feet in depth shall be provided adjacent to the perimeter lot front line of a townhouse development. The Planning, Building and Public Works Director shall determine which lot perimeter lines are lot front lines.
(ii) 
Every internal lot shall have a front yard with a depth of not less than 10 feet. This provision shall not apply where a 20-foot front yard is provided as specified by subsection (4)(b)(i) of this section and a combined front yard 30 feet in depth would be required.
(iii) 
For lots containing a dwelling and on-site parking, on-site parking shall not be located closer than 20 feet from the lot front line.
(5) 
Side Yard.
(a) 
Except as provided below, every lot shall have a side yard on each side of the lot. The side yards shall have a width of not less than five feet on one side and 10 feet on the other side.
(b) 
Within a townhouse development, the following side yard requirements shall apply:
(i) 
A side yard not less than 10 feet in depth shall be provided adjacent to the perimeter lot side lines of a townhouse development. The Planning, Building and Public Works Director shall determine which perimeter lot lines are side lot lines. There may be no perimeter lot side lines.
(ii) 
Except where townhouse dwellings are attached, every internal lot shall have a side yard of not less than five feet.
(iii) 
Every internal corner lot shall have a side yard on the street side of the lot. The side yard adjacent to the street side line shall have width of not less than 10 feet.
(6) 
Rear Yard.
(a) 
Except as provided below, every lot except through lots shall have a rear yard with a depth of not less than 20 feet.
(b) 
Within a townhouse development, the following rear yard requirements shall apply:
(i) 
A rear yard not less than 10 feet in depth shall be provided adjacent to the perimeter lot rear line of a townhouse development. The Planning, Building and Public Works Director shall determine which lot perimeter lines are rear lot lines. There may be no perimeter lot rear lines.
(ii) 
Every internal lot except through lots shall have a rear yard with a depth of not less than 10 feet.
(7) 
Placement of Buildings.
(a) 
The distance between a building containing one or more dwelling units or accessory living quarters and any other building shall be not less than 10 feet.
(b) 
On the rear third of an interior lot accessory buildings not containing accessory living quarters may be built to the lot side lines and the lot rear line; provided, not less than 10 feet of the lot rear line shall be free and clear of buildings; and provided further, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance of not less than 15 feet from the centerline of the alley.
(c) 
On the rear third of a corner lot accessory buildings not containing accessory living quarters may be built to the lot interior side line and the lot rear line; provided, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance not less than 15 feet from the centerline of such alley;
(d) 
On the rear third of a reverse corner lot accessory buildings not containing accessory living quarters may be built to the lot interior side line, but no building shall be erected closer to the lot rear line than five feet unless an alley intervenes, in which case accessory buildings may be built to the lot rear line unless the accessory building is a garage with a vehicular entrance directly from the alley, in which case such building shall maintain a distance of not less than 15 feet from the centerline of the alley.
(e) 
In all cases a 10-foot side yard adjacent to a street side line shall be maintained.
(8) 
Height. No building or structure may exceed a height of 30 feet.
(9) 
Lot Coverage.
(a) 
Except as provided below and for churches and schools which shall conform to the lot coverage limitations provided by DMMC § 18.52.010A, all buildings, including accessory buildings and structures but not including any open areas used to provide parking spaces and private swimming pools on residential lots, shall not cover more than 35 percent of the area on the lot.
(b) 
Within a townhouse development, the maximum permitted lot coverage shall be 50 percent of the area of the lot.
(Ord. 1591 § 153, 2014)

§ 18.60.070 General site design requirements.

(1) 
Dwellings Per Lot. Except for one duplex on one lot, each dwelling shall be located on a separate lot with no lot having more than one dwelling.
(2) 
Walkways. Paved pedestrian walkways shall be provided on-site on newly developed properties or buildings materially remodeled, enlarged, or repaired to the extent of 50 percent of the market value as specified below:
(a) 
Pedestrian walkways shall be provided at or around buildings of sufficient extent to provide safe pedestrian passage between principal building entrances and the public sidewalk(s);
(b) 
Walkways shall be differentiated from vehicular circulation or vehicular parking areas as approved by the Planning, Building and Public Works Director;
(c) 
Walkways shall conform with all applicable provisions of chapter 51-30 WAC, Barrier-Free Facilities, as presently constituted or as may be subsequently amended; and
(d) 
Lighting shall be provided where stairs, curbs, ramps, or abrupt changes in walkway direction occur.
(3) 
Parking.
(a) 
All uses shall conform to the off-street parking provisions uses set forth by chapter 18.210 DMMC, Loading Areas and Off-Street Parking.
(b) 
Within a townhouse development, at least one of the parking spaces required for each dwelling unit shall be provided within an enclosed garage.
(c) 
Within a townhouse development, required parking for a dwelling may be provided on a different lot than the unit when the right to use that parking is formalized by an easement on the approved and recorded plat.
(4) 
Vehicular Access.
(a) 
Vehicular access via paved surfaces shall be provided to all on-site parking areas.
(b) 
Unless waived by the Planning, Building and Public Works Director, one shared driveway shall be allowed for every two townhouse dwellings.
(5) 
Parks. All townhouse developments shall comply with the park land requirements specified by DMMC § 17.35.180, Parks.
(6) 
Private, usable open space for each townhouse dwelling shall be provided on the same lot as the townhouse dwelling.
(7) 
Landscaping. All developments in the RA-3,600 Zone shall conform to the landscaping and screening requirements set forth by chapter 18.195 DMMC, Landscaping and Screening.
(Ord. 1591 § 154, 2014)

§ 18.60.080 General building design requirements.

Townhouse developments shall conform to the following building design requirements:
(1) 
No more than four townhouse dwelling units shall be provided within any building.
(2) 
Residential buildings shall not exceed 125 feet in length.
(3) 
The common wall between attached townhouse dwellings shall be located on a lot side line. Attached townhouse dwelling units shall be separated as provided in Title 14 DMMC.
(4) 
The main entry and the first floor for each townhouse dwelling shall be within three vertical feet of ground level. Basements and daylight basements may be provided below the first floor.
(5) 
Every townhouse dwelling shall have a separate, individual entry.
(6) 
Entrances to residential buildings shall include two or more of the following design features: covered porch, covered entry, steps, or recessed or projecting doorway.
(7) 
Garage doors shall not constitute more than 40 percent of any wall area on a single townhouse dwelling.
(8) 
Residential building facade modulation shall include all the following:
(a) 
The maximum wall length without modulation shall be 25 feet.
(b) 
The sum of the modulation depth and width shall be no less than eight feet. Neither the modulation depth nor the modulation width shall be less than two feet.
(c) 
Within a residential building containing two townhouses, the front yard setback for individual townhouse dwellings shall vary so that the dwellings do not have the same front yard setback.
(d) 
Within a residential building containing three or more townhouses, the front yard setback for individual townhouse dwellings shall vary so that no more than two-thirds of the dwellings have the same front yard setback.
(e) 
Any other technique approved by the Planning, Building and Public Works Director or City Council that achieves the intent of this section.
(9) 
Residential buildings and buildings containing parking shall have pitched roofs with a minimum slope of 4:12 over a minimum of 65 percent of the building.
(10) 
Residential buildings with rooflines exceeding 60 feet in length shall provide roofline variation in accordance with all of the following:
(a) 
The maximum roof length without variation shall be 30 feet.
(b) 
The minimum horizontal or vertical offset shall be two feet.
(c) 
The minimum variation length shall be eight feet.
(d) 
Roofline variation shall be achieved using one or more of the following methods:
(i) 
Vertical offset in ridge line.
(ii) 
Horizontal offset in ridge line.
(iii) 
Variations in roof pitch.
(iv) 
Gables.
(v) 
Any other technique approved by the Planning, Building and Public Works Director or City Council that achieves the intent of this section.
(11) 
Every townhouse dwelling shall have recorded with the county auditor a perpetually binding common party wall agreement as a covenant to each deed establishing the rights and obligations of each owner relative to the common party wall and foundation, and providing for the easements for purposes of maintenance and fire protection. Such agreement shall include provisions for upkeep and maintenance of all common areas and facilities such as landscaping, storm water facilities, utilities, park land, or other facilities.
(12) 
No subdivision or short subdivision of a site containing previously constructed townhouse dwellings shall be allowed unless all common walls meet current building code and fire code requirements for separately owned townhouse units, and all other requirements of this chapter are satisfied.
(Ord. 1591 § 155, 2014)

§ 18.65.010 Title.

This chapter shall be entitled "RM-2,400 Residential: Multifamily 2,400 Zone."
(Ord. 1591 § 156, 2014)

§ 18.65.020 Application.

This chapter shall apply to all areas zoned RM-2,400.
(Ord. 1591 § 157, 2014)

§ 18.65.030 Purpose.

The principal objective and purpose to be served by this zone and its application is to establish areas permitting a greater population density than is allowed in more restrictive zones and at the same time maintain a residential environment consistent with such greater population density. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use.
(Ord. 1591 § 158, 2014)

§ 18.65.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 159, 2014)

§ 18.65.050 Lot area.

The minimum required area of a lot in an RM-2,400 Zone shall be 7,200 square feet; provided, that in a multiple lot subdivision approved subsequent to August 3, 1964, the minimum lot area shall be deemed to have been met if the average lot area is not less than 7,200 square feet. In computing the average square foot area of lots in a subdivision not more than 25 percent of the number of lots may contain an area less than 7,200 square feet but in no case shall a lot contain less than 6,400 square feet. For lots containing more than 7,200 square feet of area not more than 8,000 square feet of area may be credited in determining the average.
(Ord. 1591 § 160, 2014)

§ 18.65.060 Lot area per dwelling unit.

In an RM-2,400 Zone the lot area per dwelling unit shall be not less than 2,400 square feet. In multiple lot subdivisions approved subsequent to August 3, 1964, where lots contain an area less than 7,200 square feet but not less than 6,400 square feet, the lot area per dwelling unit shall be not less than one-third of the area of the lot. Where a lot contains more than 7,200 square feet of area, there may be one dwelling unit for each 2,400 square feet of lot area in excess of 7,200 square feet of area. In the case of a permitted transitional use, the lot area per dwelling unit shall be not less than 1,800 square feet.
(Ord. 1591 § 161, 2014)

§ 18.65.070 Lot width.

Every lot in an RM-2,400 Zone shall have a width of not less than 60 feet.
(Ord. 1591 § 162, 2014)

§ 18.65.080 Front yard.

Every lot in an RM-2,400 Zone shall have a front yard with a depth of not less than 20 feet.
(Ord. 1591 § 163, 2014)

§ 18.65.090 Side yard.

In an RM-2,400 Zone every lot shall have a side yard on each side of the lot which side yard shall have a width of not less than 15 feet. Exceptions:
(1) 
Structures two stories in height may have side yards of 10 feet in width.
(2) 
Structures one story in height may have a side yard of five feet from one side and 10 feet from the other side.
(Ord. 1591 § 164, 2014)

§ 18.65.100 Rear yard.

In an RM-2,400 Zone every lot shall have a rear yard with a depth of not less than 20 feet.
(Ord. 1591 § 165, 2014)

§ 18.65.110 Height.

In an RM-2,400 Zone no building or structure shall exceed a height of 35 feet.
(Ord. 1591 § 166, 2014)

§ 18.65.120 Permissible lot coverage.

All buildings, including accessory buildings and structures but not including private swimming pools or any open areas used to provide parking on residential lots, shall not cover more than 50 percent of the area of the lot.
(Ord. 1591 § 167, 2014)

§ 18.65.130 Placement of buildings and structures.

Placement of buildings and structures on any lot shall conform to the following:
(1) 
Interior Lots.
(a) 
Any building containing one or more dwelling units or accessory living quarters shall observe a distance not less than 15 feet from any lot side line and 20 feet from the rear property line. Exceptions:
(i) 
Structures two stories in height may observe a distance of not less than 10 feet from any lot side line;
(ii) 
Structures one story in height may observe a distance of not less than five feet from one lot side line and not less than 10 feet from the other lot side line;
(b) 
The distance between a building containing one or more dwelling units or accessory living quarters and any other buildings on the same lot shall be not less than 10 feet;
(c) 
On the rear third of a lot accessory buildings not containing accessory living quarters may be built to the lot side lines and the lot rear line; provided, not less than 10 feet of the lot rear line shall be free and clear of buildings; and provided further, if the lot rears upon an alley a garage with a vehicular entrance from the alley, shall maintain a distance of not less than 15 feet from the centerline of the alley.
(2) 
Corner Lots and Reverse Corner Lots.
(a) 
Any building containing a dwelling unit or accessory living quarters and any other building on the same lot shall observe a distance of not less than 15 feet from any lot side line and 20 feet from the rear property line. Exceptions:
(i) 
Structures two stories in height may observe a distance of not less than 10 feet from any lot side line;
(ii) 
Structures one story in height may observe a distance of not less than five feet from one side line and not less than 10 feet from the side street side;
(b) 
The distance between a building containing one or more dwelling units or accessory living quarters and any other buildings on the same lot shall be not less than 10 feet;
(c) 
On the rear third of a corner lot accessory buildings not containing accessory living quarters may be built to the lot interior side line and the lot rear line; provided, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance of not less than 15 feet from the centerline of such alley;
(d) 
On the rear third of a reverse corner lot accessory buildings not containing accessory living quarters may be built to the lot interior side line, but no building shall be erected closer than five feet to the property line of any abutting lot to the rear unless an alley intervenes, in which case accessory buildings may be built to the lot rear line unless the accessory building is a garage with a vehicular entrance directly from the alley, in which case such building shall maintain a distance of not less than 15 feet from the centerline of the alley;
(e) 
In all cases the width of the required side yard on the side street side shall be observed.
(Ord. 1591 § 168, 2014)

§ 18.65.140 Recreation area required.

On-site recreation area shall be provided as specified in chapter 18.155 DMMC.
(Ord. 1591 § 169, 2014)

§ 18.70.010 Title.

This chapter shall be entitled "RM-1,800 Residential: Multifamily 1,800 Zone."
(Ord. 1591 § 170, 2014)

§ 18.70.020 Application.

This chapter shall apply to all areas zoned RM-1,800.
(Ord. 1591 § 171, 2014)

§ 18.70.030 Purpose.

The principal objective and purpose to be served by this zone and its application is to establish areas permitting a greater population density than is allowed in more restrictive zones and to permit the providing of accommodations for those who desire to live in a residential atmosphere without the necessity to individually maintain a dwelling unit. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use.
(Ord. 1591 § 172, 2014)

§ 18.70.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 173, 2014)

§ 18.70.050 Lot area.

The minimum required area of a lot in an RM-1,800 Zone shall be 7,200 square feet; provided, that in a multiple lot subdivision approved subsequent to August 3, 1964, the minimum lot area shall be deemed to have been met if the average lot area is not less than 7,200 square feet. In computing the average square foot area of lots in a subdivision, not more than 25 percent of the number of lots may contain an area less than 7,200 square feet and in no case shall a lot contain less than 6,400 square feet. For lots containing more than 7,200 square feet of area not more than 8,000 square feet of area may be credited in determining the average.
(Ord. 1591 § 174, 2014)

§ 18.70.060 Lot area per dwelling unit.

In an RM-1,800 Zone the lot area per dwelling unit shall be not less than 1,800 square feet. Where a lot contains more than 7,200 square feet of area, there may be one dwelling unit for each 1,800 square feet of lot area in excess of 7,200 square feet of area.
(Ord. 1591 § 175, 2014)

§ 18.70.070 Lot width.

In an RM-1,800 Zone every lot shall have a width of not less than 60 feet.
(Ord. 1591 § 176, 2014)

§ 18.70.080 Front yard.

In an RM-1,800 Zone every lot shall have a front yard with a depth not less than 20 feet.
(Ord. 1591 § 177, 2014)

§ 18.70.090 Side yard.

In an RM-1,800 Zone every lot shall have a side yard on each side of the lot which side yard shall have a width of not less than 15 feet. Exceptions:
(1) 
Structures two stories in height may have side yards of 10 feet in width;
(2) 
Structures one story in height may have a side yard of five feet from one side and 10 feet from the other side.
(Ord. 1591 § 178, 2014)

§ 18.70.100 Rear yard.

In an RM-1,800 Zone every lot shall have a rear yard with a depth of not less than 20 feet.
(Ord. 1591 § 179, 2014)

§ 18.70.110 Height.

In an RM-1,800 Zone no building or structure shall exceed a height of 35 feet.
(Ord. 1591 § 180, 2014)

§ 18.70.120 Permissible lot coverage.

If a dwelling, rest home, nursing home, or convalescent home is involved, all buildings, including accessory buildings and structures but not including private swimming pools on residential lots or any open areas used to provide parking space, shall not cover more than 50 percent of the area of the lot. If a dwelling or rest home, nursing home, or convalescent home is not involved, then the maximum permissible lot coverage shall not apply.
(Ord. 1591 § 181, 2014)

§ 18.70.130 Placement of buildings and structures.

Placement of buildings and structures on any lot in an RM-1,800 Zone shall conform to the following:
(1) 
Interior Lots.
(a) 
Any building containing one or more dwelling units or accessory living quarters shall observe a distance of not less than 15 feet from any lot side line and 20 feet from the rear property line. Exceptions:
(i) 
Structures two stories in height may observe a distance of not less than 10 feet from any lot side line;
(ii) 
Structures one story in height may observe a distance of not less than five feet from one lot side line and not less than 10 feet from the other lot side line;
(b) 
The distance between a building containing one or more dwelling units or accessory living quarters and any other buildings on the same lot shall be not less than 10 feet;
(c) 
On the rear third of a lot accessory buildings not containing accessory living quarters may be built to the lot side lines and the lot rear line; provided, not less than 10 feet of the lot rear line shall be free and clear of all buildings; and provided further, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance of not less than 15 feet from the centerline of the alley.
(2) 
Corner Lots and Reverse Corner Lots.
(a) 
Any building containing a dwelling unit or accessory living quarters and any other building on the same lot shall observe a distance of not less than 15 feet from any lot side line and 20 feet from the rear property line. Exceptions:
(i) 
Structures two stories in height may observe a distance of not less than 10 feet from any lot side line;
(ii) 
Structures one story in height may observe a distance of not less than five feet from one lot side line and not less than 10 feet from the side street side;
(b) 
The distance between a building containing one or more dwelling units or accessory living quarters and any other buildings on the same lot shall be not less than 10 feet;
(c) 
On the rear third of a corner lot accessory buildings not containing accessory living quarters may be built to the lot interior side line and the lot rear line; provided, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance of not less than 15 feet from the centerline of such alley;
(d) 
On the rear third of a reverse corner lot accessory buildings not containing accessory living quarters may be built to the lot interior side line, but no building shall be erected closer than five feet to the property line in which case accessory buildings may be built to the lot rear line, unless the accessory building is a garage with a vehicular entrance directly from the alley, in which case such building shall maintain a distance of not less than 15 feet from the centerline of the alley;
(e) 
In all cases the width of the required side yard on the side street side shall be observed.
(Ord. 1591 § 182, 2014)

§ 18.70.140 Recreation area required.

On-site recreation area shall be provided as specified in chapter 18.155 DMMC.
(Ord. 1591 § 183, 2014)

§ 18.75.010 Title.

This chapter shall be entitled "RM-900 Residential: Multifamily 900 Zone."
(Ord. 1591 § 184, 2014)

§ 18.75.020 Application.

This chapter shall apply to all areas zoned RM-900.
(Ord. 1591 § 185, 2014)

§ 18.75.030 Purpose.

The principal objective and purpose to be served by this zone and its application is to establish areas permitting the maximum population density. The uses permitted in this zone relate conveniently and consistently in terms of traffic generated, demands upon public service facilities, and impact upon each other. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use.
(Ord. 1591 § 186, 2014)

§ 18.75.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 187, 2014)

§ 18.75.050 General design requirements.

All new development and significant redevelopment proposals within the RM-900 Zone in the downtown neighborhood, as delineated in the Des Moines Comprehensive Plan, shall demonstrate substantial compliance, as determined by the planning official, with the adopted Marina District Design Guidelines. The guidelines address design issues related to site planning; height, bulk and scale; architectural elements and materials; pedestrian environment; landscape design; and signs. The guidelines provide objectives and techniques for ensuring that new construction provides lasting benefit to the community; minimizes incompatibility among land uses; and promotes economic investment in the downtown neighborhood.
(Ord. 1591 § 188, 2014)

§ 18.75.060 Lot area.

The minimum required area of a lot in an RM-900 Zone shall be 7,200 square feet; provided, that in a multiple lot subdivision approved subsequent to August 3, 1964, the minimum lot area shall be deemed to have been met if the average lot area is not less than 7,200 square feet. In computing the average square foot area of lots in a subdivision, not more than 25 percent of the number of lots may contain an area less than 7,200 square feet and in no case shall a lot contain less than 6,400 square feet. For lots containing more than 7,200 square feet of area not more than 8,000 square feet of area may be credited in determining the average.
(Ord. 1591 § 189, 2014)

§ 18.75.070 Lot area per dwelling unit.

In an RM-900 Zone the lot area per dwelling unit shall be not less than 900 square feet. Where a lot contains more than 7,200 square feet of area, there may be one dwelling unit for each 900 square feet of lot area in excess of 7,200 square feet of area.
(Ord. 1591 § 190, 2014)

§ 18.75.080 Lot width.

In an RM-900 Zone every lot shall have a width of not less than 60 feet.
(Ord. 1591 § 191, 2014)

§ 18.75.090 Front yard.

In an RM-900 Zone every lot shall have a front yard with a depth not less than 20 feet. In the case of key lots and lots which side upon commercially or industrially zoned property, the required front yard depth shall be not less than 15 feet.
(Ord. 1591 § 192, 2014)

§ 18.75.100 Side yard.

In an RM-900 Zone every lot shall have a side yard on each side of the lot which side yard shall have a width of not less than five feet.
(Ord. 1591 § 193, 2014)

§ 18.75.110 Height.

In an RM-900 Zone no building or structure shall exceed a height of 35 feet.
(Ord. 1591 § 194, 2014)

§ 18.75.120 Permissible floor area.

The total permissible floor area to be contained within all buildings on a lot or building site shall not exceed two times the square foot area of the lot. This restriction does not apply to dwelling units when they constitute the only use on the lot.
(Ord. 1591 § 195, 2014)

§ 18.75.130 Permissible lot coverage.

If a dwelling, rest home, nursing home, or convalescent home is involved, all buildings, including accessory buildings and structures, but not including private swimming pools on residential lots or open areas used to provide parking space, shall not cover more than 60 percent of the area of the lot. If a dwelling, rest home, nursing home, or convalescent home is not involved, then the maximum permissible lot coverage shall not apply.
(Ord. 1591 § 196, 2014)

§ 18.75.140 Placement of buildings and structures.

Placement of buildings and structures on any lot in an RM-900 Zone shall conform to the following:
(1) 
Interior Lots.
(a) 
Any building any portion of which contains one or more dwelling units or accessory living quarters shall observe a distance of not less than five feet from any lot side line and the lot rear line;
(b) 
The distance between a building containing one or more dwelling units or accessory living quarters and any other buildings on the same lot shall be not less than 10 feet;
(c) 
On the rear third of a lot accessory buildings not containing accessory living quarters may be built to the lot side lines and the lot rear line; provided, not less than 10 feet of the lot rear line shall be free and clear of all buildings; and provided further, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance of not less than 15 feet from the centerline of the alley.
(2) 
Corner Lots and Reverse Corner Lots.
(a) 
Any building containing a dwelling unit or accessory living quarters and any other buildings on the same lot shall observe a distance from any lot side line and the lot rear line of five feet;
(b) 
The distance between a building containing one or more dwelling units or accessory living quarters and any other buildings on the same lot shall be not less than 10 feet;
(c) 
On the rear third of a corner lot accessory buildings not containing accessory living quarters may be built to the lot interior side line and the lot rear line; provided, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance not less than 15 feet from the centerline of such alley;
(d) 
On the rear third of a reverse corner lot accessory buildings not containing accessory living quarters may be built to the lot interior side line, but no building shall be erected closer than five feet to the property line of any abutting lot to the rear unless an alley intervenes, in which case accessory buildings may be built to the lot rear line unless the accessory building is a garage with a vehicular entrance directly from the alley, in which case such building shall maintain a distance of not less than 15 feet from the centerline of the alley;
(e) 
In all cases the width of the required side yard on the side street side shall be observed.
(Ord. 1591 § 197, 2014)

§ 18.75.150 Recreation area required.

On-site recreation area shall be provided as specified in chapter 18.155 DMMC.
(Ord. 1591 § 198, 2014)

§ 18.75.160 Prohibition on reclassification of property to RM-900.

No real property shall be reclassified to an RM-900 zoning designation on or after January 8, 1990; provided, however, this provision shall not apply to any application for zoning reclassification filed prior to December 21, 1989.
(Ord. 1591 § 199, 2014)

§ 18.80.010 Title.

This chapter shall be entitled "RM-900A and RM-900B Residential: Multifamily Zone."
(Ord. 1591 § 200, 2014)

§ 18.80.020 Application.

This chapter shall apply to all areas zoned RM-900A and RM-900B.
(Ord. 1591 § 201, 2014)

§ 18.80.030 Purpose.

The principal objective and purpose of the Zones in this chapter and their application is to establish areas permitting the maximum population density in the RM-900A Zone for apartment use only, and permit uses other than apartment residential, such as medical, dental, and social services and shelter, all for human beings in the RM-900B Zone for restricted services only. The uses permitted in the RM-900B Zones relate conveniently and consistently in terms of traffic generated, demands upon public service facilities, and impact upon each other. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use.
(Ord. 1591 § 202, 2014)

§ 18.80.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 203, 2014)

§ 18.80.050 General design requirements.

All new development and significant redevelopment proposals within the RM-900A Zone in the Downtown Neighborhood, as delineated in the Des Moines Comprehensive Plan, shall demonstrate substantial compliance with the adopted Marina District Design Guidelines.
(Ord. 1591 § 204, 2014)

§ 18.80.060 Lot area in the RM-900A Zone.

The minimum required area of a lot in the RM-900A Zone shall be 7,200 square feet.
(Ord. 1591 § 205, 2014)

§ 18.80.070 Lot area in the RM-900B Zone.

The minimum required area of a lot in the RM-900B Zone shall be 65,340 square feet.
(Ord. 1591 § 206, 2014)

§ 18.80.080 Lot area per dwelling unit.

In the RM-900A Zone the lot area per dwelling unit shall be not less than 900 square feet.
(Ord. 1591 § 207, 2014)

§ 18.80.090 Lot width.

In RM-900A and RM-900B Zones every lot shall have a width of not less than 60 feet.
(Ord. 1591 § 208, 2014)

§ 18.80.100 Front yard.

In an RM-900A and RM-900B Zone every lot shall have a front yard with a depth not less than 20 feet.
(Ord. 1591 § 209, 2014)

§ 18.80.110 Side yard.

In an RM-900A and RM-900B Zone every lot shall have a side yard on each side of the lot which side yard shall have a width of not less than 15 feet. Exceptions:
(1) 
Structures two stories in height may have side yards of 10 feet in width;
(2) 
Structures one story in height may have a side yard of five feet from one side and 10 feet from the other side.
(Ord. 1591 § 210, 2014)

§ 18.80.120 Rear yard.

In an RM-900A and RM-900B Zone every lot shall have a rear yard with a depth of not less than 20 feet.
(Ord. 1591 § 211, 2014)

§ 18.80.130 Height.

In RM-900A and RM-900B Zones no building or structure shall exceed a height of 35 feet.
(Ord. 1591 § 212, 2014)

§ 18.80.140 Permissible floor area.

In an RM-900B Zone the total permissible floor area to be contained within all buildings on a lot or building site shall not exceed the square foot area of the lot. This restriction does not apply to dwelling units when they constitute the only use on the lot.
(Ord. 1591 § 213, 2014)

§ 18.80.150 Permissible lot coverage.

In an RM-900B Zone all buildings, including accessory buildings and structures, but not including private swimming pools on residential lots or open areas used to provide parking space, shall not cover more than 60 percent of the area of the lot.
(Ord. 1591 § 214, 2014)

§ 18.80.160 Placement of buildings and structures.

Placement of buildings and structures on any lot in RM-900A and RM-900B Zones shall conform to the following:
(1) 
The distance between a building containing one or more dwelling units or accessory living quarters and any other buildings on the same lot shall be not less than 10 feet.
(2) 
On the rear third of a lot, accessory buildings not containing accessory living quarters may be built to the lot side lines and the lot rear line, except as provided below:
(a) 
On corner and reverse corner lots, structures one story in height shall observe a distance of not less than 10 feet from the lot side line abutting the street.
(b) 
On interior lots, no building shall be erected closer than 10 feet to the lot rear line.
(c) 
On corner and reverse corner lots not abutting an alley along the lot rear line, no building shall be erected closer than five feet to the lot rear line.
(d) 
On corner and reverse corner lots abutting an alley along the lot rear line, accessory buildings may be built to the lot rear line.
(e) 
On all lots which abut an alley along the lot rear line, a garage with a vehicular entrance from the alley shall maintain a distance not less than 15 feet from the centerline of such alley.
(3) 
In the RM-900B Zone, all buildings and structures shall maintain a distance not less than 20 feet from any lot in a Residential Zone.
(Ord. 1591 § 215, 2014)

§ 18.80.170 Recreation area required.

On-site recreation area shall be provided with multifamily developments as specified in chapter 18.155 DMMC.
(Ord. 1591 § 216, 2014)

§ 18.85.010 Title.

This chapter shall be entitled "R-SE Residential: Suburban Estate Zone."
(Ord. 1591 § 217, 2014)

§ 18.85.020 Application.

This chapter shall apply to all areas in the R-SE Residential Zone.
(Ord. 1591 § 218, 2014)

§ 18.85.030 Purpose.

The principal objective and purpose to be served by this zone and its application is to provide areas permitting uses and activities more rural in character than is practical in more concentrated urban areas and, at the same time, establishing and maintaining a living environment of high standard for single-family residential use. As a means to this end, substantial lot areas and yards and open spaces are required.
(Ord. 1591 § 219, 2014)

§ 18.85.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 220, 2014)

§ 18.85.050 Lot area.

The minimum required area of a lot in an R-SE Zone shall be 35,000 square feet.
(Ord. 1591 § 221, 2014)

§ 18.85.060 Lot area per dwelling unit.

In an R-SE Zone the lot area per dwelling unit shall be not less than 35,000 square feet.
(Ord. 1591 § 222, 2014)

§ 18.85.070 Lot width.

In an R-SE Zone every lot shall have a width of not less than 135 feet.
(Ord. 1591 § 223, 2014)

§ 18.85.080 Front yard.

In an R-SE Zone every lot shall have a front yard with a depth of not less than 30 feet.
(Ord. 1591 § 224, 2014)

§ 18.85.090 Side yard.

In an R-SE Zone every lot shall have a side yard on each side of the lot which side yard shall have a width of not less than 10 feet.
(Ord. 1591 § 225, 2014)

§ 18.85.100 Height.

In an R-SE Zone no building or structure shall exceed a height of 35 feet, except for agricultural buildings as set forth in the general provisions.
(Ord. 1591 § 226, 2014)

§ 18.85.110 Permissible lot coverage.

All buildings and structures, including accessory buildings and structures and any areas used to provide parking space, shall not cover more than 35 percent of the area of the lot.
(Ord. 1591 § 227, 2014)

§ 18.85.120 Placement of buildings and structures.

Placement of buildings and structures on any lot in an R-SE Zone shall conform to the following:
(1) 
Interior Lots.
(a) 
Any building containing a dwelling unit or accessory living quarters shall observe a distance of not less than 10 feet from any lot side line and the lot rear line;
(b) 
The distance between a building containing a dwelling unit or accessory living quarters and any other buildings on the same lot shall be not less than 20 feet;
(c) 
On the rear third of a lot, accessory buildings not containing accessory living quarters (but not stables) may be built to the lot side lines and the lot rear line; provided, not less than 10 feet of the lot rear line shall be free and clear of buildings; and provided further, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance of not less than 15 feet from the centerline of the alley.
(2) 
Corner Lots and Reverse Corner Lots.
(a) 
Any building containing a dwelling unit or accessory living quarters shall observe a distance of not less than 10 feet from any lot side line and the lot rear line;
(b) 
The distance between a building containing a dwelling unit or accessory living quarters and any other buildings on the same lot shall be not less than 20 feet;
(c) 
On the rear third of a corner lot, accessory buildings not containing accessory living quarters (but not stables) may be built to the lot interior side line and the lot rear line; provided, if the lot rears upon an alley, a garage with a vehicular entrance from the alley shall maintain a distance not less than 15 feet from the centerline of such alley;
(d) 
On the rear third of a reverse corner lot, accessory buildings not containing accessory living quarters (but not stables) may be built to the lot interior side line, but no buildings shall be erected closer than 10 feet to the lot rear line unless an alley intervenes, in which case accessory buildings may be built to the lot rear line unless the accessory building is a garage with a vehicular entrance directly from the alley, in which case such building shall maintain a distance of not less than 15 feet from the centerline of the alley;
(e) 
In all cases the width of the required side yard on the side street side shall be observed.
(Ord. 1591 § 228, 2014)

§ 18.90.010 Title.

This chapter shall be entitled "N-C Neighborhood Commercial Zone."
(Ord. 1591 § 229, 2014)

§ 18.90.020 Application.

This chapter shall apply to all areas zoned N-C Neighborhood Commercial.
(Ord. 1591 § 230, 2014)

§ 18.90.030 Purpose.

The purpose of this zone and its application is to provide for the location of and grouping of uses which are considered compatible uses having common performance standards in that they represent on-premises retail enterprises and involve only incidental and limited fabrication or assembly of commodities, or comprise a type of enterprise dispensing commodities, or providing professional services, or providing personal services to the individual. These services are intended to provide local facilities to serve the everyday needs of the neighborhood area. To meet this need will require that the facilities permitted in this zone shall locate adjacent to residential areas on access streets directly serving such residential areas. By establishing limitations upon building height and floor space as set forth in this zone, it is the further objective to maintain a limited intensity of land use compatible with serving the neighborhood residential areas, rather than on a community-wide basis. A further purpose of this zone and its application is to permit the more efficient and economical design and installation of all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use. Public utility installations, being governed by circumstances related to geographical area to be served, are also permitted in this zone.
(Ord. 1591 § 231, 2014)

§ 18.90.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 232, 2014)

§ 18.90.050 Limitations on uses.

Every use locating in an N-C Zone shall be subject to the following further conditions and limitations:
(1) 
All uses shall be conducted wholly within an entirely enclosed building except:
(a) 
Public utility installations;
(b) 
Growing stock in connection with horticultural nurseries, whether the stock is in open ground, pots, or containers;
(c) 
Moorages for private pleasure craft;
(d) 
Parking and loading areas;
(e) 
Public off-street parking lots;
(2) 
Any areas used as set forth in subsection (1) of this section, except horticultural nurseries, moorages, and public utility installations, shall be improved and maintained as required for off-street parking areas;
(3) 
All products made incident to a permitted use which are manufactured, processed, or treated on the premises shall be sold on the premises only and at retail only, and not more than three persons may be employed in the manufacturing, processing, or treatment of products, except that this limitation shall not apply to restaurants;
(4) 
No used or secondhand articles, materials, or equipment unless accessory to the primary activity may be sold, offered for sale, or stored on the premises except paintings, objects of art, or antiques as defined in this Title;
(5) 
Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises;
(6) 
All operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, steam, odor, fumes, gases, smoke, vibration, hazard, or other causes, and any use which produces odor, fumes (toxic or nontoxic), gases, airborne solids, or other atmospheric contaminants shall be allowed to locate only if conforming in every respect to the rules and regulations established by an applicable and qualified public agency;
(7) 
If a building site has a boundary line which is a common line with residential property, a wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be installed and maintained for screening purposes and controlling access. Where the wall of a building is on such common property line, no separate wall or fence need be installed along that portion of the common property line occupied by the wall of the building. Public utility installations need not fence along such lines; provided, the conditions set forth in Table 18.52.010A, Limitation [8], are maintained adjacent to common boundaries with residential property;
(Ord. 1591 § 233, 2014)

§ 18.90.060 Permissible floor area.

The maximum permitted floor area to be contained in all buildings on a lot or site in an N-C Zone shall not exceed the square foot area of the lot or site upon which the building or buildings are located.
(Ord. 1591 § 234, 2014)

§ 18.90.070 Height.

In an N-C Zone no building or structure shall exceed a height of 35 feet.
(Ord. 1591 § 235, 2014)

§ 18.90.080 Required open spaces.

Additional open spaces, both as to amount and location on the premises, may be required in connection with a variance or planned unit development to apply the established requirements of this and related codes pertaining to such subjects as off-street parking, loading areas, convenient and safe circulation of vehicles and pedestrians, ingress and egress as related to marginal traffic pattern, vision clearance (traffic), drainage, and lighting.
(Ord. 1591 § 236, 2014)

§ 18.95.010 Title.

This chapter shall be entitled "I-C Institutional Campus Zone."
(Ord. 1591 § 237, 2014)

§ 18.95.020 Application.

This chapter shall apply to all areas zoned I-C Institutional Campus.
(Ord. 1591 § 238, 2014)

§ 18.95.030 Purpose.

(1) 
To provide a zoning district for colleges, universities, educational facilities, and retirement facilities.
(2) 
To ensure that colleges, universities, educational facilities, and retirement facilities that occupy large sites are planned, designed, and managed in a way that minimizes impacts on adjacent areas.
(3) 
To ensure that the expansion of existing institutional uses does not significantly adversely impact quality of life in adjacent residential areas.
(4) 
To provide flexibility to allow for appropriate reuse of surplus institutional buildings and properties.
(Ord. 1591 § 239, 2014; Ord. 1701 § 2, 2018)

§ 18.95.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 240, 2014)

§ 18.95.050 Master plans.

(1) 
Purpose. The purpose of the master plan is to define the development of property, promote compatibility with neighboring areas and benefit the community with flexibility and innovation. With the exception of those uses and standards contained in this section, all other aspects of development, redevelopment or expansion will be regulated as prescribed in this Title and other applicable codes.
(2) 
Master Plan Required. Master plan approval shall be required for all institutional uses with 150,000 square feet of total gross floor area or more. The calculation of the total gross floor area is calculated by combining the total gross floor area of all the buildings located within a contiguous campus area.
(3) 
Contents of Master Plan. A master plan shall consist of the following:
(a) 
Site plans drawn at a maximum scale of 1:40 and illustrating the following:
(i) 
Boundaries, dimensions, and acreage of the site;
(ii) 
Location of lot lines, rights-of-way, easements, and tracts within the site;
(iii) 
Location and nature of planned improvements to the vehicular and pedestrian circulation system within and abutting the site;
(iv) 
Location of planned buildings, structures, parking areas, and other improvements within the site;
(v) 
Location of proposed landscaped areas, recreation areas, and areas to be left undisturbed;
(b) 
Conceptual landscaping plans for all required landscaping areas, exterior boundaries, internal streets, and common open space areas. The conceptual landscaping plans shall be drawn at a maximum scale of 1:20 and shall be prepared by a licensed landscape architect;
(c) 
Conceptual utilities plan drawn at a maximum scale of 1:20;
(d) 
Environmental checklist;
(e) 
Vicinity map(s) showing existing conditions within and surrounding the site including: land uses, zoning, buildings, vehicular and pedestrian circulation systems, existing topography indicated with five-foot contours, environmentally critical areas, and significant natural vegetation. The vicinity map shall be drawn at a maximum scale of 1:100;
(f) 
A narrative description of the proposal, including a discussion of how it is consistent with applicable Comprehensive Plan policies; how any off-site environmental impacts will be mitigated; and a description of planned improvements, including the maximum site coverage, maximum gross square feet of occupiable floor area and the maximum floor area to be occupied by different types of uses, maximum building height for each building location, the nature and extent of off-site improvements, and development phasing;
(g) 
A traffic analysis and report indicating the following: current and future traffic volumes and levels of service on the street system; planned and programmed traffic improvements and their relationship to any adopted state, local, and/or regional transportation plans or programs; anticipated traffic volumes and distribution; impacts generated by the proposal on future traffic volumes and levels of service; measures necessary to mitigate the proposal's effects on traffic and traffic systems, including the proposal's pro rata share of identified traffic improvements; a proposed transportation demand management (TDM) plan to reduce traffic impacts; and such other information as may be required by the City;
(h) 
A technical information report containing the elements required by the City's adopted surface water design manual;
(i) 
Covenants, conditions, and restrictions proposed by the applicant to control future development of the area subject to the master plan; and
(j) 
A sign program indicating the general location, dimensions, height, and materials of signs consistent with the requirements for a comprehensive sign review provided in Article III of chapter 18.200 DMMC.
(Ord. 1591 § 241, 2014)

§ 18.95.060 Master plan decision criteria.

A master plan approval shall be granted by the City only if the applicant demonstrates that:
(1) 
The master development plan includes a general phasing timeline of development and associated mitigation.
(2) 
The master development plan meets or exceeds the current regulations for critical areas if critical areas are present.
(3) 
There is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes) in the transportation system (motorized and nonmotorized) to safely support the development proposed in all future phases or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed master development plan, then the applicant must identify a plan for funding their proportionate share of the improvements.
(4) 
There is either sufficient capacity within public services such as water, sewer and stormwater to adequately serve the development proposal in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed master development plan, then the applicant must identify a plan for funding their proportionate share of the improvements.
(5) 
The master development plan proposal contains architectural design (including but not limited to building setbacks, insets, facade breaks, roofline variations) and site design standards, landscaping, provisions for open space and/or recreation areas, retention of significant trees, parking/traffic management and multimodal transportation standards consistent with this Title that minimize conflicts and create transitions between the proposal site and adjacent neighborhoods and between institutional uses and residential uses.
(6) 
The master plan development proposal incorporates the principles of Crime Prevention through Environmental Design (CPTED).
(7) 
The applicant shall demonstrate that proposed commercial or laboratory uses will be safe for the surrounding neighborhood and for other uses on the campus.
(Ord. 1591 § 242, 2014; Ord. 1701 § 3, 2018)

§ 18.95.070 Master plan amendments.

(1) 
Minor amendments to an approved master development plan may be approved by the City Manager or the City Manager's designee if the amendment meets the development standards and criteria applicable to the zoning and requirements set forth in this section. Minor amendments include any revision or modification of the previously approved master development plan that would result in any one or more of the following:
(a) 
An increase in the square footage of any proposed building or structure of greater than 10 percent but less than 15 percent; or
(b) 
A change in the number of new parking spaces, parking spaces created by restriping existing parking areas and/or a combination of both, except for an increase in parking spaces for bicycles or electric vehicles or carpools that is greater than 10 percent but less than 15 percent; or
(c) 
A change in the original phasing timeline for mitigation of the master development plan; or
(d) 
Changes to building placement when located outside of the required setbacks and any required setbacks for critical areas; or
(e) 
A cumulative increase in impervious surface that is greater than 10 percent but less than 15 percent or a cumulative decrease in tree cover that is greater than 10 percent and less than 15 percent.
(2) 
Major amendments are changes that exceed the thresholds for a minor amendment or were not analyzed as part of an approved master development plan. Major amendments to an approved master development plan shall be processed as a new master plan.
(Ord. 1591 § 243, 2014)

§ 18.95.080 Property development standards.

All properties zoned I-C shall be subject to the following development standards:
(1) 
The maximum building height for master plan sites of 10 acres or more shall be as follows:
(a) 
The maximum building height for multi-unit residential buildings shall be 85 feet as measured from the average finished grade.
(b) 
The maximum building height for all other buildings and structures shall be 65 feet as measured from the average finished grade.
(2) 
The maximum building height for master plan sites of less than 10 acres shall be as follows:
(a) 
The maximum building height for multi-unit residential buildings shall be 45 feet as measured from the average finished grade.
(b) 
The maximum building height for all other buildings and structures shall be 35 feet as measured from the average finished grade.
(3) 
Buildings with a height of 35 feet or less shall be set back a minimum of 20 feet from all property lines. Buildings with a height above 35 feet shall be set back 20 feet for the first 35 feet plus 1 foot for every 2 feet of height above 35 feet. Buildings greater than 35 feet in height shall utilize the minimum setback associated with the highest point of the building. Setbacks previously approved with a master plan shall be vested for the term of the master plan approval.
(4) 
Buildings, parking areas, and other paved surfaces, exclusive of public rights-of-way and recreation areas developed and accessible to the public, shall cover no more than 75 percent of the building site.
(Ord. 1591 § 244, 2014; Ord. 1701 § 4, 2018)

§ 18.95.090 Performance standards.

Every property within the I-C Zone shall conform to the following performance standards:
(1) 
Nuisances. No use, activity, or equipment shall be permitted which creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials.
(2) 
Loading and Parking Areas.
(a) 
Loading areas shall be set back, recessed and/or screened so as not to be visible from adjacent public rights-of-way or properties designated as single-family, multifamily, or park by the City of Des Moines Comprehensive Plan.
(b) 
Load areas shall only be allowed between the rear lot line and the extension of the front facade of the principal structure, provided no loading areas are allowed between a building and a side street lot line.
(3) 
All uses shall conform to the off-street parking and loading area requirements as set forth in chapter 18.210 DMMC, or as hereinafter amended; provided, however, employee parking may be reduced through implementation of a transportation demand management (TDM) program.
(4) 
Landscaping.
(a) 
All uses shall conform to the landscaping and buffering requirements as set forth in chapter 18.195 DMMC.
(b) 
Landscaping shall be designed to achieve an aesthetically pleasing park-like setting; integrate landscaping in master plan design; preserve significant trees, particularly tree clusters; reinforce the relationship to its natural setting; soften building masses; provide visual screening from, and provide transition to, adjacent residential areas, and noise and wind buffering; define automobile and pedestrian circulation patterns; maintain and strengthen public vistas; provide screening for on-site parking areas, and refuse and recycling receptacles; create functional and accessible active and passive outdoor activity spaces; and create linkages, where feasible, to City and regional parks and trail systems.
(5) 
Trash and Recycling Receptacles. Trash and recycling receptacles shall be a minimum of 15 feet from any properties designated as single-family, multifamily, or park by the City of Des Moines Comprehensive Plan.
(6) 
Exterior Mechanical Devices. Air conditioners, heating, cooling, ventilating equipment, pumps and heaters and all other mechanical devices shall be screened from surrounding properties and streets and shall comply with the maximum environmental noise levels established by chapter 173-60 WAC as presently constituted or as may be subsequently amended.
(7) 
Exterior Lighting.
(a) 
Lighting shall comply with the Zone 2 requirements for exterior light established by the 2009 Washington State Energy Code as presently adopted or as subsequently amended.
(b) 
Lighting shall be fully shielded in such a manner that the bottom edge of the shield shall be below the light source so no light is emitted above the horizontal plane of the lighting fixture.
(c) 
Ground-mounted floodlighting shall only be used to illuminate landscaping areas, accentuate key architectural features or illuminate flag poles.
(d) 
Exterior lighting shall provide a minimum of at least 1.5 foot-candles for parking lots and walkways.
(e) 
Exterior lighting shall be less than 0.2 foot-candles at the property lines which abut properties designated as single-family, multifamily, or park by the Des Moines Comprehensive Plan.
(f) 
A photometric plan and exterior lighting summary shall be required and shall be submitted as part of the building permit application.
(Ord. 1591 § 245, 2014)

§ 18.100.010 Purpose of zone.

The purpose of the Business Commercial Zone is to strengthen and preserve the area referred to as "downtown" for retail, office, service, financial, and commercial operations that serve the community trading area and tourists. It is further the purpose of this zone to ensure compact, convenient development patterns by improving pedestrian access and amenities, to permit uses which are primarily pedestrian-oriented and which increase public enjoyment of the Commercial Zone.
(Ord. 1591 § 246, 2014)

§ 18.100.020 Permitted uses.

The following uses only are permitted, and as specifically provided and allowed by this chapter:
(1) 
Administrative, professional, and business offices;
(2) 
Accredited or licensed schools and studios for education or self-improvement;
(3) 
General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, hardware stores, antique stores, dry goods or notions stores, secondhand stores, sporting goods, and variety stores;
(4) 
Food and beverage establishments such as bakeries, candy stores, delicatessens, ice cream stores, grocery stores, liquor stores, meat and fish markets;
(5) 
Specialized stores, such as bicycle, book, stationery, computer, florist, gift, jewelry, hobby, toy, and pet stores;
(6) 
Restaurants, cocktail lounges, and taverns;
(7) 
Public parks;
(8) 
Government facilities;
(9) 
Private lodge, clubs, and fraternal societies;
(10) 
Public office buildings, art galleries, museums, libraries, and cultural uses;
(11) 
Public off-street parking facilities, for private passenger cars;
(12) 
Public transit shelters when they will not unreasonably impede pedestrian movement or create traffic safety problems;
(13) 
Financial services, such as finance offices, insurance offices, real estate offices, and social service agencies;
(14) 
Personal services such as barber shops, beauty shops, photographic studios, tailor shops, travel agencies, shoe repair, laundry, and dry cleaners;
(15) 
Banks;
(16) 
Light manufacturing, sales, and repair of accessories for boats (such as boat covers, sails, flags, pennants, upholstery, and the like).
(Ord. 1591 § 247, 2014)

§ 18.100.030 Limitations on uses.

Limitations on permitted uses in a B-C Zone are as follows:
(1) 
Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses such as:
(a) 
Signs as regulated in chapter 18.200 DMMC;
(b) 
Antenna systems, subject to the conditions set forth in DMMC § 18.52.010B(6).
(2) 
All uses permitted in this zone shall be contained wholly within an enclosed structure except:
(a) 
Eating establishments when space for public service is contained within the boundary of the building site and does not obstruct vehicular movement;
(b) 
Signs;
(c) 
Parking and loading facilities;
(d) 
Outdoor displays when contained within the boundary of the building site and do not obstruct vehicular or pedestrian movement;
(e) 
Outdoor activities which comply with all of the following:
(i) 
No more than 15 percent of the building site is occupied by outdoor activity;
(ii) 
The outdoor activity is enclosed by a sight-obscuring fence and/or landscape screen; and
(iii) 
The entire outdoor activity is located between the lot rear line and the primary structure on the site.
(3) 
Drive-in and drive-through facilities are not permitted in the B-C Zone.
(4) 
All uses shall conform to the general provisions and exceptions of off-street parking requirements and loading area requirements set forth in this Title beginning with chapter 18.210 DMMC.
(5) 
All products made incident to a permitted use which are manufactured, processed or treated on the premises shall be sold only at retail.
(6) 
Except for the repair of accessories for boats, any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed 30 percent of the total floor area occupied by the particular enterprise, except that the limitations of this paragraph shall not apply to shoe repair, tailor services, watch repair, repair of accessories for boats, and similar establishments.
(7) 
Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises and shall not exceed 30 percent of the total floor area occupied by the particular enterprise.
(8) 
Adult entertainment facilities shall not be permitted in the B-C Zone.
(9) 
Adult motion picture theaters shall not be permitted in the B-C Zone.
(10) 
Use of cleaning agents shall be limited to nonflammable and nonexplosive fluids with a flash point above 138 degrees Fahrenheit in a closed safety cleaning system.
(11) 
All operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, steam, vibration, hazard, or other causes. Any use the operation of which produces odor, fumes (toxic or nontoxic), gases, airborne solids, or other atmospheric contaminants shall be allowed to locate only if conforming in every respect to any rules and regulations established by any regulatory agency by appropriate authority.
(Ord. 1591 § 248, 2014)

§ 18.100.040 Uses requiring conditional use permit.

The following uses may locate in a B-C Zone subject to issuance of a conditional use permit as provided in the Hearing Examiner code:
(1) 
Animal hospital services and veterinarian services; provided, that no outside runs or animal storage will be permitted in this zone, such use shall not be located in a mixed use structure, any buildings or structures or portion thereof used to house animals shall be soundproofed, designed by a qualified acoustical engineer, and there shall be no burning of refuse or dead animals;
(2) 
Public utilities, except distribution centers, warehouses, and storage or service yards; provided, that such uses are consistent with the intent of this zone;
(3) 
Day care centers and mini-day care programs:
(a) 
Minimum lot: 10,000 square feet;
(b) 
Front Yard. There shall be a front yard of at least 20 feet minimum depth;
(c) 
Side Yard. Each side yard shall be a minimum of eight feet width;
(d) 
Rear Yard. The rear yard shall be at least 20 feet minimum depth;
(e) 
State licensing standards for such facilities, chapter 388-73 WAC, shall be met;
(f) 
Ingress and Egress. A separate entrance and exit shall be provided. Loading and unloading areas shall be provided and shall be located off the public street;
(g) 
Landscaping. Landscaping shall be provided to a minimum width of eight feet along property line abutting residential uses;
(4) 
Other conditional uses as listed in DMMC § 18.140.060 and in accordance with chapter 18.140 DMMC.
(Ord. 1591 § 249, 2014)

§ 18.100.050 Uses requiring unclassified use permit.

Uses requiring an unclassified use permit in a B-C Zone are as follows:
(1) 
Commercial recreation areas, or amusement uses;
(2) 
Commercial parking lot;
(3) 
Mixed uses;
(4) 
Supermarkets;
(5) 
Other uses requiring an unclassified use permit as itemized in DMMC § 18.140.050 and as otherwise provided in chapter 18.140 DMMC.
(Ord. 1591 § 250, 2014)

§ 18.100.055 Hazardous waste and hazardous substances.

Any use permitted by this chapter which involves the treatment or storage of hazardous waste or the use or handling of hazardous substances shall conform to the regulations contained in this section. In the event there is a conflict between the provisions of this section and any other provision of this chapter, the provisions of this section shall prevail.
(1) 
Off-site hazardous waste facilities are prohibited.
(2) 
On-site hazardous waste facilities are permitted as an accessory use only; provided, that the location of such facilities shall be consistent with siting criteria adopted or hereafter amended by the Department of Ecology under RCW 70.105.210 incorporated in this chapter by reference and that the transport, storage, containment, treatment, or disposal of such hazardous wastes shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(3) 
The use or handling of hazardous substances are permitted as an accessory use only; provided, that the transport, storage, containment, application, and disposal of such hazardous substances shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(4) 
Violation – Civil Penalty, Revocation of Business License. Failure to comply with any of the requirements of this section shall result in enforcement by civil penalty as set forth in DMMC § 18.01.100 and revocation of business license as set forth in DMMC § 5.04.060.
(5) 
Violation – Abatement Authorized. Any person or business who fails to comply with the provisions of this chapter, or permits a violation to continue after receiving written notice of violation from the Planning, Building and Public Works Director, shall be deemed to be causing or permitting a public nuisance and shall be liable in an action for abatement filed by the City in Superior Court.
(Ord. 1591 § 251, 2014)

§ 18.100.060 Permissible floor area.

The maximum permitted floor area to be contained in all buildings on a lot in a B-C Zone shall not exceed three times the area of the lot.
(Ord. 1591 § 252, 2014)

§ 18.100.070 Height.

In a B-C Zone no building or structure shall exceed a height of 35 feet. For the purposes of this section, building height shall mean the vertical distance from median sidewalk grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the highest gable of a pitch or hip roof.
(Ord. 1591 § 253, 2014)

§ 18.100.080 Landscaping required.

Landscaping in a B-C Zone shall be provided pursuant to chapter 18.195 DMMC.
(Ord. 1591 § 254, 2014)

§ 18.100.090 Placement of buildings and structures.

Placement of buildings and structures, including additions to existing buildings or structures, but excluding signs, shall maintain minimum setbacks established by the Planning, Building and Public Works Department based on the following criteria:
(1) 
When the front or side lot line abuts the public right-of-way, the building or structure shall abut the public right-of-way unless:
(a) 
Subsection (2) of this section requires that the building or structure be set back; or
(b) 
Through the permitting process, the Planning, Building and Public Works Director finds it is in the public interest to allow the proposed building or structure to be set back from the right-of-way. In considering a request for setback, the director shall consider matters such as adopted land use policies, vehicular and pedestrian circulation, landscaping, existing site improvements, adjacent site improvements, and public benefit features such as plazas and public artwork. Decisions of the Director regarding setbacks are appealable to the Hearing Examiner pursuant to chapter 18.240 DMMC.
(2) 
Where any lot line lies adjacent to a public right-of-way or private street and residentially zoned property lies adjacent to such public right-of-way or private street, or when the lot line abuts a residentially zoned property, a minimum building or structure setback of 10 feet shall be maintained.
(Ord. 1591 § 255, 2014)

§ 18.100.100 Internal walkways.

In order to encourage safe pedestrian circulation through the siting of buildings, walkways shall be constructed on each property being newly developed or materially remodeled, enlarged, or repaired to the extent of 50 percent of the value of the existing structure as provided in this chapter. In the case of a series of additions, alterations, or repair projects, this section shall become effective at the point where in any three-year period the cumulative value of additions, alterations, or repairs exceeds 50 percent of the value of the structure at the time such additions, alterations, or repairs are commenced.
(1) 
Walkways Around Buildings. Pedestrian walkways shall be provided at or around the building(s) of sufficient extent to provide safe pedestrian passage; provided, however, where no side or rear yard exists no walkway will be required along those portions of the building abutting the lot line. A minimum six-foot walkway shall be required adjacent to the principal entrance to the building(s).
(2) 
Street Sidewalk Connections. A minimum six-foot pedestrian walkway shall be provided which connects walkways at the building to street sidewalks. Where no street sidewalk exists, the connecting walk shall extend to the street right-of-way.
(3) 
Connection to Adjoining Properties. Walkways shall be provided which connect to adjoining properties in locations on, or as near as possible to, desired lines of pedestrian traffic in accordance with the comprehensive walkway plan. A minimum six-foot walkway shall be required between adjacent building fronts. Alternate routes or branch connections to perimeter or other walkways shall be a minimum of five feet in width.
(4) 
Coordination with Circulation System. All such required pedestrian walks shall be located and constructed as an integral part of the total coordinated pedestrian circulation system.
(5) 
Design Standards.
(a) 
Surface. Walkways shall be paved with hard-surfaced material such as concrete, stone, brick, tile, etc. Walkways shall be clearly defined and differentiated from parking and vehicle circulation areas by use of contrasting paving, such as white concrete in an asphalt area, visually obvious paint stripes, or other clearly defined pattern. Where paint is used, the property owner shall be responsible for maintaining the paint to achieve the intent of this section.
(b) 
Stairs. Where stairs are employed, the riser to thread proportion shall be designed to normal stair standards or be clearly monumental in proportion. Handrails shall be provided where the number of risers or adjoining grade difference requires the protection afforded by rails, as determined by the Planning, Building and Public Works Director. Any flight of stairs within 15 feet of any other flight of stairs, if it is on a pedestrian route, shall have the same riser and thread dimensions.
(c) 
Lighting. Night lighting shall be provided where stairs, curbs, ramps, or abrupt changes in walkway direction occur. Light fixtures shall not exceed a height of 14 feet. Provisions of special accent or feature lighting is encouraged.
(d) 
Covering. Walks should be covered by marquees or other roof structures where possible and practical. Roofed and walled passageways between or through buildings shall be ample in width, as determined by the Planning, Building and Public Works Director (width as proportioned to length) and night lighted.
(Ord. 1591 § 256, 2014)

§ 18.105.010 Title.

This chapter shall be entitled "B-P Business Park Zone."
(Ord. 1591 § 257, 2014)

§ 18.105.020 Application.

This chapter shall apply to all areas in the B-P Business Park (B-P) Zone.
(Ord. 1591 § 258, 2014)

§ 18.105.030 Purpose.

(1) 
The primary purpose and objective of the Business Park (B-P) Zone is to provide areas of the City for development of compatible business, professional office, light industrial, research and development, service uses, wholesale trade, and limited retail uses. Such uses shall be developed within master planned sites in park-like settings pursuant to development standards.
(2) 
It is also the purpose of this zone to ensure compatibility between business parks and adjacent uses in terms of height, bulk, scale, and design; to mitigate potential adverse environmental impacts and nuisance effects on-site and off-site through careful planning, the use of buffering and screening, and the imposition of environmental performance standards and appropriate off-site mitigation requirements; to provide for the planned economic development of the City; to ensure that business park development is coordinated with the provision of adequate infrastructure by private applicants and the City, such as roads, drainage, and other utility systems; to require that business park developments pay their fair share of the costs of needed services and facilities; and to ensure that development occurs consistent with the goals and policies of the City of Des Moines Comprehensive Plan.
(3) 
Further, it is the purpose of this zone to establish standards to ensure that development occurs in a manner that is compatible with the Des Moines Creek Park, Des Moines Creek Trail, Steven J. Underwood Memorial Park, City of Des Moines Activity Center and adjacent residential-designated properties.
(Ord. 1591 § 259, 2014)

§ 18.105.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 260, 2014)

§ 18.105.050 Master plan submittal requirements.

(1) 
Master Plan Required. All development within the B-P Zone shall be consistent with an approved master plan.
(2) 
Contents of Master Plan. Each master plan shall consist of the following:
(a) 
Site plans illustrating planned development at a maximum scale of 1:40, including the following:
(i) 
Boundaries, dimensions, and acreage of the site;
(ii) 
Location of lot lines, rights-of-way, easements, and tracts within the site;
(iii) 
Location and nature of planned improvements to the vehicular and pedestrian circulation system within and abutting the site;
(iv) 
Location of planned buildings, structures, parking areas, and other improvements within the site;
(v) 
Location of proposed landscaped areas, recreation areas, and areas to be left undisturbed;
(b) 
Conceptual landscaping plans for all exterior boundaries, internal streets, and common open space areas. The landscaping plans shall be prepared by a licensed landscape architect and drawn at a maximum scale of 1:20;
(c) 
Conceptual utilities plan prepared by a licensed professional engineer and drawn at a maximum scale of 1:20;
(d) 
Covenants, conditions, and restrictions proposed by the applicant to control future development of the area subject to the master plan; and
(e) 
A sign program indicating the general location, dimensions, height, and materials of signs consistent with the requirements for a comprehensive sign review provided in Article III of chapter 18.200 DMMC.
(3) 
Master Plan Submittal Requirements. The following information shall be submitted for review and approval of a proposed master plan in such form as required by the City Manager or the City Manager's designee:
(a) 
Subdivision application (if applicable);
(b) 
Environmental checklist;
(c) 
Vicinity map(s) showing existing conditions within and surrounding the site including: land uses, zoning, buildings, vehicular and pedestrian circulation systems, existing topography indicated with five-foot contours, environmentally critical areas, and significant natural vegetation. The vicinity map shall be drawn at a maximum scale of 1:100;
(d) 
A proposed master plan containing the elements listed in subsection (2) of this section;
(e) 
A narrative description of the proposal, including a discussion of how it is consistent with Des Moines Comprehensive Plan and applicable provisions of this Title; how the proposal relates to other potential business parks in the vicinity; how any off-site environmental impacts will be mitigated; and a description of planned improvements, including the maximum site coverage, maximum gross square feet of occupiable floor area and the maximum floor area to be occupied by different types of uses, maximum building height for each building location, the nature and extent of off-site improvements, and development phasing; and
(f) 
A traffic analysis and report indicating the following: current and future traffic volumes and levels of service on the street system; planned and programmed traffic improvements and their relationship to any adopted state, local, and/or regional transportation plans or programs; anticipated traffic volumes and distribution; impacts generated by the proposal on future traffic volumes and levels of service; measures necessary to mitigate the proposal's effects on traffic and traffic systems, including the proposal's pro rata share of identified traffic improvements; a proposed transportation demand management (TDM) plan to reduce traffic impacts; and such other information as may be required by the City.
(4) 
Amendments to Approved Master Plans.
(a) 
Minor amendments to an approved master development plan may be approved by the City Manager or the City Manager's designee if the amendment meets the development standards and criteria applicable to the zoning and requirements set forth in this section. Minor amendments include any revision or modification of the previously approved master development plan that would result in any one or more of the following:
(i) 
An increase in the square footage of any proposed building or structure of greater than 10 percent but less than 15 percent; or
(ii) 
A change in the number of new parking spaces, parking spaces created by re-striping existing parking areas and/or a combination of both, except for an increase in parking spaces for bicycles or electric vehicles or carpools, that is greater than 10 percent but less than 15 percent; or
(iii) 
A change in the original phasing timeline for mitigation of the master development plan; or
(iv) 
Changes to building placement when located outside of the required setbacks and any required setbacks for critical areas; or
(v) 
A cumulative increase in impervious surface that is greater than 10 percent but less than 15 percent or a cumulative decrease in tree cover that is greater than 10 percent and less than 15 percent.
(b) 
Major amendments are changes that exceed the thresholds for a minor amendment or were not analyzed as part of an approved master development plan. Major amendments to an approved master development plan shall be processed as a new master plan.
(c) 
Amendments for Adjacent Properties. Applicants for business park proposals adjacent to property covered by an approved master plan may request an amendment to the master plan to incorporate their proposed development. Such proposals shall be consistent with the approved master plan and shall be processed as a new master plan.
(Ord. 1591 § 261, 2014)

§ 18.105.060 Property development standards.

(1) 
Minimum Site Area.
(a) 
The minimum area of a master plan shall be two acres. Master plans containing less than the minimum area shall be allowed only if the site adjoins a previously approved master plan.
(2) 
Maximum Site Coverage. Buildings, parking areas, and other paved or graveled surfaces, exclusive of public rights-of-way and recreation areas developed and accessible to the public, shall cover no more than 75 percent of the building site.
(3) 
Maximum Height. The maximum height of buildings and structures shall be as set forth below:
(a) 
For properties north of South 200th Street, the maximum building height shall be 35 feet as measured from the average finish grade as defined in DMMC § 18.01.050.
(b) 
For properties north of South 216th Street, the maximum building height shall be 75 feet as measured from the average finish grade as defined in DMMC § 18.01.050.
(c) 
For properties south of South 216th Street, the maximum building height shall be 35 feet as measured from the average finish grade as defined in DMMC § 18.01.050.
(4) 
Minimum Setbacks. All structures, parking areas, and loading areas shall maintain minimum setbacks from property lines as set forth below:
(a) 
Perimeter of building sites abutting any street classified as a major arterial, a secondary arterial or collector by the City's Comprehensive Transportation Plan, as presently constituted or as subsequently amended, and/or abutting any property designated as multifamily by the Des Moines Comprehensive Plan, as presently constituted or as subsequently amended: 20 feet;
(b) 
Perimeter of building sites abutting any property designated as single-family residential by the Des Moines Comprehensive Plan, as presently constituted or as subsequently amended: 30 feet;
(c) 
Perimeter of building sites abutting any street other than a major arterial, secondary arterial, or collector: 15 feet;
(d) 
Perimeter of building sites, other than those abutting a street or residential designated property: 10 feet.
(Ord. 1591 § 262, 2014)

§ 18.105.070 Performance standards.

Every use permitted within the B-P Zone pursuant to this chapter shall conform to the following performance standards:
(1) 
Nuisances. No use, activity, or equipment shall be permitted which creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials.
(2) 
Outdoor Storage.
(a) 
Outdoor storage shall only be allowed as an accessory use to another principal use.
(b) 
The material(s) being stored shall not exceed 12 feet in height as measured from the high point of the outdoor storage area.
(c) 
The material(s) being stored shall be wrapped or enclosed to prevent wind-blown debris.
(d) 
The outdoor storage area shall not exceed 40 percent of the building footprint or 15 percent of the lot area, whichever is less.
(e) 
Outdoor storage shall be screened from public view by a 12-foot landscaped buffer or another building in the same approved master plan. A buffer shall contain at least 75 percent coniferous trees of a minimum size of six feet at planting. Deciduous trees shall be a minimum of two-and-one-half-inch caliper as measured per ANSIZ 60.1-2004. All trees shall be planted no less than 20 feet apart on-center. For every 16 square feet of buffer area, at least one evergreen shrub of a minimum size of two feet shall be provided. Ground cover of a minimum one-gallon size shall be planted in the buffer area sufficient to cover the area within three years of planting. Landscaping shall not serve as a substitute for the required setbacks of the underlying zoning.
(f) 
Outdoor storage areas adjacent to public streets and to future or existing bicycle or pedestrian paths shall be screened by a minimum of a six-foot masonry wall in addition to the landscaping requirements established by subsection (2)(e) of this section. The screening wall shall be set back a maximum distance of 15 feet from the property line. The height of the wall shall be measured from the high point of the outdoor storage area.
(g) 
Outdoor storage shall only be allowed between the rear lot line and the extension of the front facade of the principal structure, provided no outdoor storage is allowed between a building and a side street lot line.
(h) 
The City Manager or the City Manager's designee may modify the requirements for spacing, number and size of plantings upon a satisfactory showing by a licensed landscape architect that an alternate proposal will accomplish the same buffering goals.
(3) 
Warehouse, light manufacturing and distribution facilities shall comply with the following additional standards:
(a) 
Loading areas shall be set back, recessed and/or screened so as not to be visible from adjacent public rights-of-way or properties designated as residential by the City of Des Moines Comprehensive Plan.
(b) 
Loading areas shall only be allowed between the rear lot line and the extension of the front facade of the principal structure, provided no loading areas are allowed between a building and a side street lot line.
(c) 
The office portion of a warehouse use shall be oriented towards the adjacent public street with the highest classification as determined by the City's Comprehensive Transportation Plan, as presently constituted or as subsequently amended.
(d) 
The portion of a building visible from public rights-of-way shall be architecturally treated to break up the box-like look of the buildings.
(e) 
The building(s) shall be designed and oriented to locate the shorter width of the building towards the public right-of-way.
(f) 
The main entries to the building shall portray a quality office appearance while being architecturally related to the overall building composition.
(g) 
The City Manager or City Manager's designee may authorize modifications to the rooftop mechanical equipment screening requirements in subsection (11) of this section when it is demonstrated that the intent of this chapter is being met, particularly related to adjacent residential properties. Consideration shall be given to conditions on or adjacent to the site, including differences in elevation, existing vegetation, location of existing and proposed structures, or through other measures such as painting or partial screening.
(4) 
All uses shall conform to the off-street parking and loading area requirements set forth in chapter 18.210 DMMC, or as hereinafter amended; provided, however, employee parking may be reduced through implementation of a commute trip reduction program consistent with the requirements of chapter 12.70 DMMC.
(5) 
Landscaping.
(a) 
All developments shall conform to the landscaping and buffering requirements set forth in chapter 18.195 DMMC.
(b) 
Landscaping shall be designed to achieve an aesthetically pleasing park-like setting; integrate landscaping in master plan design; preserve significant trees, particularly tree clusters; reinforce the relationship to its natural setting; soften building masses; provide visual screening from, and provide transition to, adjacent residential areas, and noise and wind buffering; define automobile and pedestrian circulation patterns; maintain and strengthen public vistas; provide screening for on-site parking areas, and refuse and recycling receptacles; create functional and accessible active and passive outdoor activity spaces; and create linkages, where feasible, to City and regional parks and trail systems.
(6) 
Parking Facilities. Parking facilities that are not an accessory use to another permitted use but are the primary use on the site shall be located in a multistory parking structure. Surface parking shall not be used to provide paid parking facilities.
(7) 
Manufacturing Uses. All master plan sites which contain manufacturing uses as established by the NAICS shall provide a six-foot-tall masonry wall or wood fence along the property lines which abut properties designated as residential by the City of Des Moines Comprehensive Plan.
(8) 
Trash and Recycling Receptacles. Trash and recycling receptacles shall be a minimum of 15 feet from any properties designated as residential by the City of Des Moines Comprehensive Plan.
(9) 
Solid Waste. All solid waste materials shall be transported to an official landfill waste disposal site or recycling center. No such materials shall be disposed of on-site.
(10) 
Liquid Waste Disposal.
(a) 
Liquid waste materials except potable water shall not be disposed of on-site; however, where such materials are temporarily stored on the property, they shall be contained in a manner so as to prevent their entry into the surface water drainage system and/or any ground water aquifer.
(b) 
Temporary storage of liquid waste materials shall comply with DMMC § 16.10.260 for sites located within critical aquifer recharge areas.
(11) 
Exterior Mechanical Devices. Air conditioners, heating, cooling, ventilating equipment, pumps and heaters and all other mechanical devices shall be screened from surrounding properties and streets and shall comply with the maximum environmental noise levels set out in chapter 173-60 WAC as presently constituted or as may be subsequently amended.
(12) 
Exterior Lighting.
(a) 
Lighting shall comply with the Zone 3 requirements for exterior light established by the 2009 Washington State Energy Code as presently adopted or as subsequently amended.
(b) 
Lighting shall be fully shielded in such a manner that the bottom edge of the shield shall be below the light source so no light is emitted above the horizontal plane of the lighting fixture.
(c) 
Ground-mounted floodlighting shall only be used to illuminate landscaping areas, accentuate key architectural features or illuminate flag poles.
(d) 
Exterior lighting shall provide a minimum of at least 1.5 foot candles for parking lots and walkways.
(e) 
Exterior lighting shall be less than 0.2 foot candle at the property lines which abut properties designated as single-family, multifamily, or park by the Des Moines Comprehensive Plan.
(f) 
A photometric plan and exterior lighting summary shall be submitted as part of the building permit application.
(13) 
Site Design.
(a) 
Sites shall provide for convenient pedestrian linkages to abutting streets and/or trails.
(b) 
Sites shall not gain access from a right-of-way classified as a local street in the City's Comprehensive Transportation Plan, chapter 4.
(14) 
Public Services and Utilities.
(a) 
All preexisting and newly installed utilities on-site, within abutting rights-of-way, and extended to the site, shall be placed underground.
(b) 
All development shall be required to install or pay for a proportional share of any new facilities or utilities required to serve the development. Mechanisms such as in-lieu fees, latecomer's agreements, and impact fees may be used to equitably distribute the cost of required improvements.
(c) 
All public services and utilities must be adequate to support the proposed master plan development, including but not limited to drainage; street and walkway systems, both on-site and off-site; sewer and water systems; fire protection; police service; electrical power; and telecommunications.
(d) 
Drainage systems shall be designed to be consistent with the surface water design manual for the City, and shall be consistent with drainage studies or plans for the applicable basin.
(e) 
All traffic impacts directly caused by a proposed business park shall be mitigated by the applicant.
(15) 
Existing single-family residential structures located in the BP Zone shall not be used for any business other than a home occupation business as further described in DMMC § 18.52.010(A).
(16) 
Development proposals within the Innovation Overlay Districts shall:
(a) 
Recognize the distinct physical characteristics of the individual Innovation Overlay District and enable new development, infill, and redevelopment that will complement and enhance those characteristics, support small business development and entrepreneurship, and provide the support systems such as education, training and workforce housing.
(b) 
Increase opportunities for small business development in order to:
(i) 
Create greater efficiencies in land use;
(ii) 
Promote a more efficient use of infrastructure in order to reduce associated costs;
(iii) 
Create opportunities to fulfill some daily tasks without the use of an automobile; and
(iv) 
Support alternative transportation (non-motorized and bus transit).
(c) 
Promote context sensitive massing, proportion, positioning, height, streetscape elements, and landscaping.
(Ord. 1591 § 263, 2014; Ord. 1655 § 12, 2016; Ord. 1673 § 1, 2017; Ord. 1775 § 6, 2023)

§ 18.105.080 General building design guidelines for business park development.

Buildings and structures constructed within the site of an approved master plan or site plan shall conform to the following design guidelines:
(1) 
Buildings shall be appropriate in scale and in harmony with neighboring development.
(2) 
Building design shall be compatible with the site and with adjoining buildings. Building modulation and other design techniques to add architectural interest and minimize building mass shall be used. Variety in detail, form, and siting shall be used to provide visual interest.
(3) 
Building components such as windows, doors, eaves, and parapets shall be in proportion to each other.
(4) 
Colors shall be harmonious, with bright or brilliant colors used only for accent.
(5) 
Mechanical equipment shall be integrated in building design or screened from on-site and off-site views.
(6) 
Exterior lighting fixtures and standards shall be part of the architectural concept and harmonious with building design.
(7) 
Signs shall be integrated with and enhance the overall planning and design of the business park. Size, materials, color, lettering, location, number, and arrangement shall be harmonious with building design. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Flush-mounted channel letter signs are preferred. Box signs, if used, shall have negative lettering only.
(8) 
Buildings shall be designed to provide adequate and conveniently located space for recycling containers.
(Ord. 1591 § 264, 2014)

§ 18.110.010 Title.

This chapter shall be entitled "C-C Community Commercial Zone."
(Ord. 1591 § 265, 2014)

§ 18.110.020 Application.

This chapter shall apply to all areas zoned C-C Community Commercial.
(Ord. 1591 § 266, 2014)

§ 18.110.030 Purpose.

(1) 
The primary purpose of the Community Commercial Zone is to enhance, promote and maintain community oriented business areas.
(2) 
It is the further purpose of this zone to:
(a) 
Ensure land use compatibility among businesses in terms of permitted uses, building height, bulk, scale;
(b) 
Provide a commercial area that reflects its community-oriented function;
(c) 
Serve the general public; and
(d) 
Ensure that development occurs consistent with the goals, policies, and implementation strategies of the City of Des Moines Comprehensive Plan.
(Ord. 1591 § 267, 2014)

§ 18.110.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 268, 2014)

§ 18.110.050 Environmental performance standards and general limitations.

(1) 
Every use permitted within the C-C Zone pursuant to this chapter shall conform to the following general limitations and standards:
(a) 
As provided by chapter 9.64 DMMC, no use, activity, or equipment shall be permitted that creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials in a manner(s) inconsistent with Title 70 RCW as presently constituted or as may be subsequently amended;
(b) 
Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses;
(c) 
Landscaping and fencing are required in accordance with chapter 18.195 DMMC;
(d) 
All uses shall be primarily contained within an enclosed structure except the following:
(i) 
Outdoor seating and dining;
(ii) 
Signs;
(iii) 
Off-street parking, drive-through facilities, and loading areas;
(iv) 
Motor vehicle fuel pumps;
(v) 
Display of merchandise sold on-site;
(vi) 
Boat storage;
(vii) 
Play/recreation areas; and
(viii) 
Miscellaneous storage when limited to 25 percent of the site area and when perimeter landscaping and fencing is provided;
(e) 
In reviewing a proposed permitted use, the Planning, Building and Public Works Director may waive or include minimal conditions as may be reasonably needed to ensure that the use is consistent with the purpose of the C-C Zone, and to minimize the likelihood of adverse impacts.
(2) 
Adult entertainment facilities and adult motion picture theaters are not permitted in the C-C Zone.
(3) 
Automobile repair, car washes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards:
(a) 
Automobile repair and the installation of automobile parts and accessories shall be primarily contained within an enclosed structure;
(b) 
Unless specifically authorized by the Planning, Building and Public Works Director, vehicular access shall be limited to one driveway per street frontage;
(c) 
Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines;
(d) 
A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance; and
(e) 
Vehicle storage shall be limited to those vehicles contracted for repair or service.
(4) 
Welding repair (7692) is only permitted in an enclosed structure.
(5) 
All products which are manufactured, processed, or treated on the premises must also be sold at retail to the general public on-site.
(6) 
Social service facilities shall conform to the following limitations and standards:
(a) 
Outdoor play/recreation areas for children shall be set back a minimum of five feet from property lines;
(b) 
Unless specifically authorized by the Planning, Building and Public Works Director, passenger loading and unloading areas shall be provided on-site.
(Ord. 1591 § 269, 2014)

§ 18.110.060 Dimensional standards.

(1) 
Height. Maximum building height is 35 feet.
(2) 
Setbacks. Placement of buildings and structures including additions to existing buildings or structures, excluding signs, shall maintain minimum setbacks established by the Planning, Building and Public Works Department based on the following criteria:
(a) 
When the front or side lot line abuts the public right-of-way, the building or structure shall abut the public right-of-way unless:
(i) 
This subsection (2) requires that the building or structure be set back; or
(ii) 
Through the permitting process, the Planning, Building and Public Works Director finds it is in the public interest to allow the proposed building or structure to be set back from the right-of-way. In considering a request for a setback, the Director shall consider matters such as adopted land use policies, vehicular and pedestrian circulation, landscaping, existing site improvements, adjacent site improvements, and public benefit features such as plazas and public artwork. Decisions of the Director regarding setbacks are appealable to the Hearing Examiner pursuant to chapter 18.240 DMMC.
(b) 
Where any lot line lies adjacent to a public right-of-way or private street and residentially zoned property lies adjacent to such public right-of-way or private street, or when the lot line abuts a residentially zoned property, a minimum building or structure setback of 10 feet shall be maintained.
(3) 
Parking in the C-C Zone shall be provided pursuant to chapter 18.210 DMMC.
(4) 
Underground structures are permitted in all required setback areas.
(Ord. 1591 § 270, 2014)

§ 18.110.070 General site design requirements.

Development within the C-C Zone shall conform to the following site design requirements:
(1) 
Walkways. Paved pedestrian walkways shall be provided on-site on newly developed properties or materially remodeled, enlarged, or repaired to the extent of 50 percent of the market value as specified below:
(a) 
Pedestrian walkways shall be provided at or around building(s) of sufficient extent to provide safe pedestrian passage. A minimum six-foot walkway shall be provided adjacent to the principal building entrance(s);
(b) 
A minimum six-foot pedestrian walkway shall be provided that connects walkways at the building to the street sidewalks. Where no street sidewalk exists, the connecting walkway shall extend to the public right-of-way;
(c) 
Walkways and sidewalks shall be differentiated from vehicular circulation or vehicular parking areas as approved by the Planning, Building and Public Works Director;
(d) 
Walkways shall conform with all applicable provisions of chapter 51-10 WAC, Barrier-Free Facilities, as presently constituted or as may be subsequently amended; and
(e) 
Lighting shall be provided where stairs, curbs, ramps, or abrupt changes in walkway direction occur.
(2) 
Parking and Loading Areas. All uses shall conform to the off-street parking provisions and loading area provisions set forth by chapter 18.210 DMMC.
(3) 
Vehicular Access and Other Right-of-Way Improvements. Vehicular access and other right-of-way improvements shall conform to the provisions of Title 12 DMMC.
(4) 
Uses within the Right-of-Way. Sidewalk cafes, vendors, and similar temporary commercial uses within the public right-of-way shall conform to the provisions of Title 12 DMMC and the following provisions:
(a) 
A minimum of six feet of unobstructed sidewalk shall be maintained;
(b) 
The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;
(c) 
The duration of right-of-way use permits for commercial purposes shall be limited to one year. Applicants may reapply for right-of-way use permits;
(d) 
Sale or consumption of alcoholic beverages is prohibited;
(e) 
Applications for right-of-way use permits for commercial purposes shall include the following information:
(i) 
Proposed items to be placed within the right-of-way, such as seating, tables, fencing, vending carts, etc.;
(ii) 
Proposed activities to occur within the right-of-way, such as dining, amplification of music, preparation and sale of food or beverage items, etc.;
(iii) 
Proposed periods of operation, including months of the year, days of the week, hours, etc., and
(iv) 
Proposed source(s) of utilities such as electrical power;
(f) 
Applicants must immediately clear the public right-of-way when ordered to do so by City authorities for reasons of public health or safety; and
(g) 
In reviewing a proposed use within the public right-of-way, the Planning, Building and Public Works Director may include conditions as may reasonably be needed to ensure that the use is consistent with the purpose of the C-C Zone, and to minimize the likelihood of adverse impacts. The Planning, Building and Public Works Director shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.
(5) 
Landscaping. All uses shall conform to the landscaping and screening provisions set forth by chapter 18.195 DMMC.
(6) 
Outdoor Uses. Outdoor activities such as sales, display, storage, dining, etc., shall not obstruct vehicular or pedestrian visibility or movement.
(Ord. 1591 § 271, 2014)

§ 18.110.080 General building design requirements.

Development within the C-C Zone shall conform to the following building design requirements:
(1) 
Structural encroachments into the right-of-way, such as cornices, signs, eaves, sills, awnings, bay windows, balconies, facade treatment, marquees, etc., shall conform to the provisions set forth by Title 12 DMMC, the International Building Code (IBC), and the following provisions:
(a) 
Structural encroachments into the right-of-way shall be capable of being removed without impact upon the structural integrity of the primary building;
(b) 
Structural encroachments into the right-of-way shall not result in additional building floor area than would otherwise be allowed;
(c) 
Except for awnings, signs, and marquees, the maximum horizontal encroachment into the right-of-way shall be two feet;
(d) 
The maximum horizontal encroachment in the right-of-way by signs shall be four feet;
(e) 
The maximum horizontal encroachment in the right-of-way by awnings and marquees shall be six feet;
(f) 
The minimum horizontal distance between the structural encroachment and the curbline shall be two feet;
(g) 
Except for awnings over the public sidewalk which may be continuous, the maximum length of each balcony, bay window, or similar feature that encroaches the right-of-way shall be 12 feet;
(h) 
The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;
(i) 
Owners of structural encroachments into the right-of-way must clear the public right-of-way when ordered to do so by City authorities for reasons of public health or safety; and
(j) 
In reviewing a proposed structural encroachment into the public right-of-way, the Planning, Building and Public Works Director may include conditions as may be reasonably needed to ensure that the structure is consistent with the purpose of the C-C Zone, and to minimize the likelihood of adverse impacts. The Planning, Building and Public Works Director shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.
(2) 
Pedestrian entrances to commercial uses at street level shall conform to all applicable provisions of chapter 51-10 WAC, Barrier-Free Facilities, as presently constituted or as may be subsequently amended.
(3) 
The width of all floors above the second level floor shall not exceed 80 percent of the width of the street level floor.
(Ord. 1591 § 272, 2014)

§ 18.115.010 Title.

This chapter shall be entitled "D-C Downtown Commercial Zone."
(Ord. 1591 § 273, 2014)

§ 18.115.020 Application.

This chapter shall apply to all areas zoned D-C Downtown Commercial.
(Ord. 1591 § 274, 2014)

§ 18.115.030 Purpose.

(1) 
The primary purpose and objective of the Downtown Commercial (D-C) Zone is to enhance, promote, and encourage development within the Marina District.
(2) 
It is the further purpose of this zone to: (a) ensure land use compatibility among businesses and residences in terms of permitted uses, building height, bulk, scale; (b) provide a downtown that reflects its waterfront location; and (c) ensure that development occurs consistent with the goals, policies, and implementation strategies of the City of Des Moines Comprehensive Plan.
(Ord. 1591 § 275, 2014)

§ 18.115.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 276, 2014)

§ 18.115.050 Environmental performance standards, use restrictions, and general limitations.

(1) 
Every use permitted within the D-C Zone pursuant to this chapter shall conform to the following general limitations and standards:
(a) 
As provided by chapter 9.64 DMMC, no use, activity, or equipment shall be permitted that creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials in a manner(s) inconsistent with Title 70 RCW as presently constituted or as may be subsequently amended;
(b) 
Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses;
(c) 
All uses shall be primarily contained within an enclosed structure except the following:
(i) 
Outdoor seating and dining;
(ii) 
Signs;
(iii) 
Off-street parking, drive-through facilities, and loading areas;
(iv) 
Motor vehicle fuel pumps;
(v) 
Display of merchandise sold on-site; and
(vi) 
Play/recreation areas;
(d) 
In reviewing a proposed permitted use, the City Manager or the City Manager's designee may waive or include minimal conditions as may be reasonably needed to ensure that the use is consistent with the purpose of the D-C Zone, and to minimize the likelihood of adverse impacts.
(2) 
Home occupations shall be permitted only as an accessory use; provided, that all of the following conditions and limitations are satisfied:
(a) 
The principally permitted use to which the home occupation is accessory shall be a legally permitted, constructed, and conforming residential component of a mixed use development;
(b) 
All conditions set forth in DMMC § 18.52.010A are satisfied.
(3) 
Boat storage and repair shall be permitted only as an accessory use on property principally permitted for marina use and shall conform to the following additional limitations and standards:
(a) 
The size and location of all boat storage facilities shall be consistent with the council-adopted marina master plan;
(b) 
All out-of-water boat repair shall be within a fully secured and fenced area not accessible by the general public;
(c) 
All boat repair work shall have containment areas and employ disposal methods for pollutants and toxic substances consistent with Puget Sound Clean Air Agency and NPDES standards;
(d) 
Only those boats and similar vessels that will be immediately and actively under repair shall be moved to or placed within a designated boat repair facility.
(4) 
Adult entertainment facilities and adult motion picture theaters are not permitted in the D-C Zone.
(5) 
Nonconforming uses located in the D-C Zone shall be allowed to continue to exist, but only to the extent, size, or scale that these uses were legally authorized or licensed to operate by the City. A property containing a single business entity that is a nonconforming use shall not be allowed to add any other use components or otherwise increase the intensity or facet of the use unless all nonconforming use elements of the property are first completely removed from the site. A property containing multiple business entities and that has one or more nonconforming uses upon it shall not be allowed to add any other use components or otherwise increase the intensity or facet of that portion of the property or building containing uses that are nonconforming unless the addition of a new use results in the complete removal of that portion of the property or building containing a nonconforming use.
(6) 
Automobile repair, carwashes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards:
(a) 
Automobile repair and the installation of automobile parts and accessories shall be wholly performed within an enclosed structure approved by the Building Official for such occupancy;
(b) 
Each automotive and service repair facility shall be limited to a maximum of one service bay for each 7,500 square feet of land area per business site;
(c) 
Service bays shall be fully utilized to store and park vehicles contracted for repair or service;
(d) 
The number of vehicles stored or parked outside for repair or service shall not be greater than the minimum number of required parking stalls serving the auto repair facility pursuant to chapter 18.210 DMMC;
(e) 
No outside parking or storage of employee vehicles, customer vehicles, or vehicles contracted for service shall occur in any area that is not designated and approved by the City as an on-site parking stall;
(f) 
Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines;
(g) 
A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance.
(7) 
Welding repair (7692) is only permitted in an enclosed structure.
(8) 
Social service facilities shall conform to the following limitations and standards:
(a) 
Outdoor play/recreation areas for children shall be set back a minimum of five feet from property lines; and
(b) 
Unless specifically authorized by the City Manager or the City Manager's designee, passenger loading and unloading areas shall be provided on-site.
(9) 
Mixed use development shall conform to the following limitations and standards:
(a) 
Mixed use structures shall contain area for retail trade or personal and business services, at street level as follows:
(i) 
Pedestrian access from the public sidewalk to the retail trade or personal and business services shall be provided;
(ii) 
A minimum of 60 percent of the street level floor area shall be occupied by retail trade or personal and business services;
(iii) 
A minimum of 75 percent of the street level building frontage adjacent to public right(s)-of-way shall contain floor area for retail trade or personal and business services uses; and
(iv) 
Building space allocated for retail trade or personal and business service uses at the street level shall have a minimum gross interior depth dimension of 55 feet measured perpendicular to the property line abutting the public street(s) serving the site.
(b) 
The City Manager or designee is authorized to consider and approve up to a 20 percent reduction of the bulk requirements specified in subsection (9)(a) of this section when a development proposal incorporates on-site parking substantially at street floor level for retail trade or personal and business service uses and the City Manager or designee determines that the proposed reduction(s) does not compromise, interrupt, or interfere with the desired functionality of the building or the continuity of City pedestrian-oriented design goals in the general area and pedestrian access to the site from the public sidewalk or right-of-way.
(c) 
Mixed use developments shall comply with all the requirements of chapter 18.155 DMMC, except for private recreational requirements established by DMMC § 18.155.050(2).
(d) 
A detached structure that contains residential uses and does not meet the requirements for mixed use structures is prohibited.
(e) 
Except that, for buildings fronting on 7th Avenue South, south of South 219th Street and north of South 227th Street, subsection (9)(a)(ii) of this section is revised from 60 percent to 33 percent, and subsections (9)(a)(iii) through (iv) of this section shall not apply. This exception is effective through December 31, 2015.
(f) 
The exception identified in subsection (9)(e) of this section is further modified for lots under 10,000 square feet in that subsection (9)(a)(ii) of this section is revised to read, "some of the street level floor area shall be occupied by retail trade or personal and business services." This exception is effective through December 31, 2015.
(Ord. 1591 § 277, 2014; Ord. 1594 § 1, 2014)

§ 18.115.060 Dimensional standards.

(1) 
Maximum Building Height.
(a) 
Area 1 on Figure 1. The maximum building height is 35 feet as measured from the highest sidewalk grade of the north-south roadway adjacent to the property; provided, that building heights shall not be measured from 8th Avenue South or the alleys.
(b) 
Area 2 on Figure 1. The maximum building height is 45 feet as measured from the highest sidewalk grade of the north-south roadway adjacent to the property line; provided, that building heights shall not be measured from the alleys.
(c) 
Area 3 on Figure 1. The maximum building height is 55 feet as measured from the highest sidewalk grade of 7th Avenue South adjacent to the property line.
(d) 
Area 4 (the Des Moines Marina) on Figure 1. The maximum building height is 35 feet as measured from the Des Moines Marina floor.
18115060a.tif
(2) 
Building Height Bonus. In the D-C Zone, the City Manager or the City Manager's designee may authorize additional building heights as provided in this subsection:
(a) 
Area 1 on Figure 2. The maximum building height is 55 feet as measured from the highest sidewalk grade of the north-south roadway adjacent to the property line; provided, that building heights shall not be measured from the alleys.
(i) 
The maximum number of buildings within Area 1 that can be authorized to utilize the height bonus by the City Manager or the City Manager's designee under this section is three buildings.
(ii) 
The total floor area of the building does not exceed the total allowable floor area ratio as determined by DMMC § 18.115.080(3).
(iii) 
The minimum building site area is 20,000 square feet.
(iv) 
Pedestrian-oriented spaces as defined in the Marina District Guidelines shall be provided.
(v) 
The property owner shall enter into a no protest agreement regarding the formation of a parking business improvement area as regulated in chapter 35.87A RCW.
(b) 
Area 2 on Figure 2. The maximum building height is 45 feet as measured from the highest sidewalk grade of Marine View Drive, subject to the following conditions:
(i) 
The maximum number of buildings within Area 2 that can be authorized to utilize the height bonus by the City Manager or the City Manager's designee under this section is two buildings.
(ii) 
The property must be located at least 300 feet from other properties that are granted a height bonus within Area 2.
(iii) 
The total floor area of the building shall not exceed the total allowable floor area ratio as determined by DMMC § 18.115.080(3).
(iv) 
The minimum building site area shall be 15,000 square feet.
(v) 
Pedestrian-oriented spaces as defined in the Marina District Guidelines shall be provided.
(vi) 
The property owner shall enter into a no protest agreement regarding the formation of a parking business improvement area as regulated in chapter 35.87A RCW.
(vii) 
To be eligible for the height bonus, a notice of complete land use application must be issued by June 30, 2016.
(viii) 
And further, to be eligible for the height bonus, a building permit must be issued for the project by December 31, 2017.
Dmoins18.19.1.3.tif
(3) 
Setbacks. All structures shall maintain setbacks from property lines as set forth in this subsection:
(a) 
Where any lot line lies adjacent to a public right-of-way or private street and residentially zoned property lies adjacent to such public right-of-way or private street, or when the lot line abuts a residentially zoned property, a minimum building or structure setback of 10 feet shall be maintained.
(b) 
Corner Lot Building Setback.
(i) 
All buildings located on corner lots shall observe a 20-foot setback from the corner as measured from the corner of the right-of-way as illustrated in Figure 3 below:
18115060c.tif
(ii) 
The City Manager or the City Manager's designee may allow encroachments into this corner setback area if the total area within the setback does not fall below 200 square feet and preserves a building setback at the corner.
(c) 
Underground structures are permitted in all required setback areas.
(d) 
All buildings adjacent to South 223rd Street and South 227th Street shall maintain a 15-foot setback from the property line adjacent to South 223rd Street or South 227th Street for that portion of the building above the third story.
(Ord. 1591 § 278, 2014; Ord. 1626 § 1, 2015)

§ 18.115.070 General site design requirements.

Development within the D-C Zone shall conform to the following site design requirements:
(1) 
Walkways. Paved pedestrian walkways shall be provided on-site on newly developed properties or materially remodeled, enlarged, or repaired to the extent of 50 percent of the market value as specified below:
(a) 
Pedestrian walkways shall be provided at or around building(s) of sufficient extent to provide safe pedestrian passage. A minimum six-foot walkway shall be provided adjacent to the principal building entrance(s);
(b) 
A minimum six-foot pedestrian walkway shall be provided that connects walkways at the building to the street sidewalks. Where no street sidewalk exists, the connecting walkway shall extend to the public right-of-way;
(c) 
Walkways and sidewalks shall be differentiated from vehicular circulation or vehicular parking areas as approved by the Planning, Building and Public Works Director;
(d) 
Walkways shall conform with all applicable provisions of chapter 51-10 WAC, Barrier-Free Facilities, as presently constituted or as may be subsequently amended; and
(e) 
Lighting shall be provided where stairs, curbs, ramps, or abrupt changes in walkway direction occur.
(2) 
Placement of Buildings.
(a) 
Buildings or structures located in Area 1 of Figure 4 are not required to abut the adjacent sidewalk. On-site parking facilities are allowed between the building and the adjacent sidewalk.
(b) 
Buildings or structures located in Area 2 of Figure 4 shall be located in close proximity to the adjacent sidewalk. The area between the building and the adjacent sidewalk can be used for pedestrian-oriented spaces as defined in the Marina District Design Guidelines, outside dining, sitting areas, or landscaped open space. Parking areas are prohibited between the building and the adjacent sidewalk.
18115070.tif
(3) 
Parking and Loading Areas. All properties shall conform to the off-street parking provisions and loading area provisions set forth by chapter 18.210 DMMC.
(4) 
Vehicular access and other right-of-way improvements shall conform to the provisions set forth by Titles 10 and 12 DMMC.
(5) 
Properties that have vehicular access from 8th Avenue between South 223rd Street and Kent-Des Moines Road shall provide on-site delivery unloading areas.
(6) 
Angled parking shall be allowed along Marine View Drive; provided, that the following standards are met:
(a) 
The sidewalk shall be relocated within dedicated right-of-way so that the curb face of the relocated sidewalk is located 36 feet as measured from the edge of traveled way of the nearest lane of traffic on Marine View Drive.
(b) 
The relocated sidewalk shall be entirely in right-of-way or newly dedicated right-of-way.
(c) 
The length of relocated sidewalk shall be a minimum of 100 feet, not including any sidewalk transition areas.
(d) 
Sidewalk transition lengths and dimensions shall be provided by the City Engineer.
(e) 
Only head-in angled parking shall be allowed within the right-of-way on Marine View Drive, except that area of existing parallel parking on Marine View Drive shall be allowed to remain in place until the adjoining property redevelops, at which time the property owner may choose to construct angle parking in accordance with the provisions of this section, or the property owner may choose to eliminate the section of parallel parking, or the City's Traffic Engineer determines that a safety concern exists that necessitates removal of such parallel parking.
(f) 
Angled parking installed by a property owner under this section would be counted toward the total number of parking stalls required by chapter 18.210 DMMC.
(7) 
Uses within the Right-of-Way. Sidewalk cafes, vendors, and similar temporary commercial uses within the public right-of-way shall conform to the provisions of Title 12 DMMC and the following provisions:
(a) 
A minimum of six feet of unobstructed sidewalk shall be maintained;
(b) 
The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;
(c) 
The duration of right-of-way use permits for commercial purposes shall be limited to one year; applicants may reapply for right-of-way use permits;
(d) 
Applications for right-of-way use permits for commercial purposes shall include the following information:
(i) 
Proposed items to be placed within the right-of-way, such as seating, tables, fencing, vending carts, etc.;
(ii) 
Proposed activities to occur within the right-of-way, such as dining, amplification of music, preparation and sale of food or beverage items, etc.;
(iii) 
Proposed periods of operation, including months of the year, days of the week, hours, etc.; and
(iv) 
Proposed source(s) of utilities such as electrical power;
(e) 
Applicants must immediately clear the public right-of-way when ordered to do so by City authorities for reasons of public health or safety; and
(f) 
In reviewing a proposed use within the public right-of-way, the City Manager or the City Manager's designee may include conditions as may be reasonably needed to ensure that the use is consistent with the purpose of the D-C Zone, and to minimize the likelihood of adverse impacts. The City Manager or the City Manager's designee shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.
(8) 
Landscaping. All uses shall conform to the landscaping and screening provisions set forth by chapter 18.195 DMMC.
(9) 
Outdoor Uses. Outdoor activities such as sales, display, storage, dining, etc., shall not obstruct vehicular or pedestrian visibility or movement.
(Ord. 1591 § 279, 2014)

§ 18.115.080 General building design requirements.

Development within the D-C Zone shall conform to the following building design requirements:
(1) 
Structural encroachments into the right-of-way, such as cornices, signs, eaves, sills, awnings, bay windows, balconies, facade treatment, marquees, etc. shall conform to the provisions set forth by Titles 12 and 14 DMMC, and the following provisions:
(a) 
Structural encroachments into the right-of-way shall be capable of being removed without impact upon the structural integrity of the primary building;
(b) 
Structural encroachments into the right-of-way shall not result in additional building floor area than would otherwise be allowed;
(c) 
Except for awnings, signs, and marquees, the maximum horizontal encroachment into the right-of-way shall be two feet;
(d) 
The maximum horizontal encroachment in the right-of-way by signs shall be four feet;
(e) 
The maximum horizontal encroachment in the right-of-way by awnings and marquees shall be six feet;
(f) 
The minimum horizontal distance between the structural encroachment and the curbline shall be two feet;
(g) 
Except for awnings over the public sidewalk which may be continuous, the maximum length of each balcony, bay window, or similar feature that encroaches the right-of-way shall be 12 feet;
(h) 
The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;
(i) 
Owners of structural encroachments into the right-of-way must clear the public right-of-way when ordered to do so by City authorities for reasons of public health or safety; and
(j) 
In reviewing a proposed structural encroachment into the public right-of-way, the City Manager or the City Manager's designee may include conditions as may be reasonably needed to ensure that the structure is consistent with the purpose of the D-C Zone, and to minimize the likelihood of adverse impacts. The City Manager or the City Manager's designee shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.
(2) 
Pedestrian entrances at street level shall conform to all applicable provisions of chapter 51-10 WAC, Barrier-Free Facilities, as presently constituted or as may be subsequently amended.
(3) 
Maximum Gross Floor Area.
(a) 
Area 1 and Area 4, Figure 1. The maximum gross floor area allowed on a site is determined by multiplying the lot area of the site by 2.5.
(b) 
Area 2, Figure 1. The maximum gross floor area allowed on a site is determined by multiplying the lot area of the site by 3.2.
(c) 
Area 3, Figure 1. The maximum gross floor area allowed on a site is determined by multiplying the lot area of the site by 3.5.
(d) 
Using the public benefit incentive system in subsection (4) of this section, the maximum gross floor area allowed is:
(i) 
Area 1, Figure 2, the maximum gross floor area allowed is determined by multiplying the lot area of the site by 3.5.
(ii) 
Area 2, Figure 2, the maximum gross floor area allowed is determined by multiplying the lot area of the site by 3.2.
(e) 
For the purposes of this section, gross floor area does not include any underground areas designed and used for parking.
(f) 
For the purpose of this section, when more than one building is located on a single property the sum of all gross floor areas of all the buildings shall not exceed the total gross floor area allowed for the property.
(4) 
Public Benefit Incentive System. The City Manager or the City Manager's designee may approve additional building square footage based on the ratios in Table 18.115.080 subject to the following:
(a) 
The gross floor area and/or building height limits cannot exceed the limits allowed in subsection (3) of this section and DMMC § 18.115.060(2), as provided in Table 18.115.080 and the requirements of this section.
(b) 
The City Manager or the City Manager's designee may approve a public benefit feature not listed in Table 18.115.080 if a public benefit is located within the Marina District, and a public benefit will be derived from the proposed feature that is roughly equivalent to the benefit derived from a feature in Table 18.115.080.
Table 18.115.080 Public Benefit Incentive System Ratios
PUBLIC BENEFIT FEATURE
BONUS FLOOR AREA PER UNIT OF PUBLIC BENEFIT FEATURE
1. Streetscape
Each $1,000 spent on additional roadway improvements above what is required by chapter 12.20 DMMC
100 square feet
2. Design Elements
1 sq. ft. of underground parking
5 square feet
1 sq. ft. of below-ground public parking structure
2.5 square feet
1 sq. ft. of shared parking (for other sites)
0.5 square feet
1 sq. ft. of rooftop garden
2 square feet
1 sq. ft. of rooftop beautification
2 square feet
Each additional design element aimed at reducing building bulk and mass (e.g., overhead awning for weather protection, distinctive entry features, building modulation, varied roofline)
100 square feet
3. Civic Contributions
1 sq. ft. of public parking area
0.5 square feet
1 sq. ft. of public meeting/conference facilities
1 square foot
Each $1,000 spent on public art or water features
100 square feet
Each $1,000 spent to improve connections to the Des Moines Marina to include signage, way finding, and improved pedestrian connections
100 square feet
Each $1,000 spent to improve Covenant Beach Park National Historic District
100 square feet
4. Uses
1 sq. ft. restaurant (not fast-food or take-out)
1 square foot
1 sq. ft. rooftop or top floor restaurant (not fast-food or take-out)
4 square feet
1 sq. ft. of public restroom
4 square feet
1 sq. ft. of public open space
4 square feet
1 sq. ft. of additional retail use on ground floor, above that required by DMMC § 18.115.050(9)
2 square feet
1 sq. ft. of theater or performing arts venue
5 square feet
(Ord. 1591 § 280, 2014; Ord. 1626 § 2, 2015)

§ 18.120.010 Purpose of zone.

The purpose of this zone and its application is to provide for the location of and grouping of enterprises which may involve some on-premises retail service but with outside activities and display or fabrication, assembling, and service features, including manufacturing and processing in limited degree, and which uses, if permitted to locate in strictly on-premises retail and service areas, would introduce factors of heavy trucking and handling of materials that destroy the maximum service and attraction of strictly retail areas. The uses enumerated in this zone are considered as having common or similar performance standards in that:
(1) 
They are heavier in type than those uses permitted in the strictly Commercial Zones and yet are measurably lighter uses than those first permitted in the Business Park Zones;
(2) 
They do not attract nor depend upon individual and personal patron contact on the premises to the same degree as do uses in strictly retail and service areas but, rather, represent in part enterprises whose services are either performed away from the premises and throughout the metropolitan area or enterprises in which the manufacturing, assembling, processing, or treating of products is not accessory or limited to products sold on the premises only as is required in retail and service areas;
(3) 
They can more advantageously use the standard lot and street pattern than can strictly industrial uses;
(4) 
They involve a greater handling of materials and commodities and more trucking than uses permitted in a strictly retail area, but do not require large sites nor involve as much handling of materials and commodities or heavy trucking as uses first permitted in strictly industrial areas;
(5) 
They are not as detrimentally affected by dispersal or separation from adjoining uses as are enterprises which are retail in nature and which need to be located in compact areas for convenient patron access;
(6) 
They do not normally involve as intensive use of land as uses comprising retail shopping areas;
(7) 
They frequently involve activities carried on outside of buildings;
(8) 
By reason of technological processes, equipment, materials used, outside activities or size or volume of products, a given type of enterprise may, under various names, represent extremes that necessitate different zone. For this reason a clearer identification of uses permitted in this zone is accomplished by naming typical uses to further indicate the type and grouping of uses allowed, as well as by establishing performance standards.
(Ord. 1591 § 281, 2014)

§ 18.120.020 Permitted uses.

The following uses only are permitted, and as specifically provided and allowed by this chapter:
(1) 
Any use permitted in the N-C and B-C Zones, except:
(a) 
Churches;
(b) 
Private clubs, fraternal societies, fraternities, sororities, and lodges, except those the chief activity of which is a service customarily carried on as a business; however, any use permitted to locate in a B-C Zone which is subject to restrictions as to location with reference to schools, parks, and playgrounds, and any use requiring a conditional use permit shall be subject to the same restrictions and limitations in this zone;
(2) 
Assembly of appliances, such as:
(a) 
Electronic instruments and devices;
(b) 
Radios, phonographs, and televisions, including manufacture of small parts, such as coils;
(3) 
Ambulance service;
(4) 
Auction houses or stores, but excluding vehicles and livestock;
(5) 
Automobile laundries;
(6) 
Automobile sales, new and used;
(7) 
Automobile trailer sales, new and used;
(8) 
Blueprinting and photostating;
(9) 
Boat building for craft not exceeding 48 feet in length;
(10) 
Boat sales, new and used;
(11) 
Boat repairs;
(12) 
Bookbinding;
(13) 
Building materials stores and yards, retail only; provided, any required wall on a property line common with residential property shall be not less than eight feet in height;
(14) 
Cabinet shop or carpenter shop;
(15) 
Ceramic products, manufacture of, including figurines (but not including bricks, drain, building, or conduit tile), using only previously pulverized clay and batch kilns as distinguished from shuttle, tunnel, or beehive kilns, and such batch kilns shall not exceed a total capacity of 130 cubic feet;
(16) 
Distribution centers for home deliveries (storage and loading of retail delivery trucks from underground fuel storage);
(17) 
Electric or neon sign manufacturing, servicing, and repairing;
(18) 
Fix-it shops;
(19) 
Frozen food or cold storage lockers;
(20) 
Furniture repair;
(21) 
Garages, public (including repairing and storage when in an entirely enclosed building);
(22) 
Glass edging, beveling, and silvering in connection with the sales of mirrors and glass-decorated furniture;
(23) 
Glass studios – stained, etc.;
(24) 
Kennels, commercial, provided all run areas shall be completely surrounded by an eight-foot solid wall or fence;
(25) 
Laboratories;
(26) 
Machine shop, no automatic screw machines, or punch press over five tons;
(27) 
Moorage, commercial boat, including repairing;
(28) 
Paint shop (painting contractor);
(29) 
Parcel service delivery;
(30) 
Printing establishments;
(31) 
Plumbing shops;
(32) 
Saw and filing shops;
(33) 
Storage and handling of household goods;
(34) 
Tire rebuilding, recapping, and retreading;
(35) 
Upholstery, custom work;
(36) 
Wholesale business and accessory storage;
(37) 
Accessory buildings and uses customarily incident to any of the above uses when located on the same site with the main building;
(38) 
Other similar commercial and industrial enterprises or businesses after classification as set forth in DMMC § 18.05.110;
(39) 
Planned unit development as provided in chapter 18.230 DMMC;
(40) 
Mixed uses, subject to an unclassified use permit;
(41) 
Automobile service stations.
(Ord. 1591 § 282, 2014)

§ 18.120.030 Limitations on permitted uses.

Every use permitted shall be subject to the following conditions and limitations:
(1) 
All uses shall conform to the general provisions and exceptions and the off-street parking requirements and loading area requirements set forth in this Title beginning with chapter 18.210 DMMC;
(2) 
In the case of automobile service stations, the leading edge of the pump islands shall not be closer than 15 feet to any street property line;
(3) 
If a building site has a boundary line which is a common property line with residential property, then on such common line a wall or view-obscuring fence or hedge not less than five feet in height shall be installed and maintained for screening purposes and controlling access. Where the wall of a building is on a common line, no separate wall or fence need be installed along that portion occupied by the building;
(4) 
Adult entertainment facilities shall not be permitted in the C-G Zone;
(5) 
Adult motion picture theaters shall not be permitted in the C-G Zone.
(Ord. 1591 § 283, 2014)

§ 18.120.035 Hazardous waste and hazardous substances.

Any use permitted by this chapter which involves the treatment or storage of hazardous waste or the use or handling of hazardous substances shall conform to the regulations contained in this section. In the event there is a conflict between the provisions of this section and any other provision of this chapter, the provisions of this section shall prevail.
(1) 
Off-site hazardous waste facilities are prohibited.
(2) 
On-site hazardous waste facilities are permitted as an accessory use only; provided, that the location of such facilities shall be consistent with siting criteria adopted or hereafter amended by the Department of Ecology under RCW 70.105.210 incorporated in this chapter by reference and that the transport, storage, containment, treatment, or disposal of such hazardous wastes shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(3) 
The use or handling of hazardous substances is permitted as an accessory use only; provided, that the transport, storage, containment, application, and disposal of such hazardous substances shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(4) 
Violation – Civil Penalty, Revocation of Business License. Failure to comply with any of the requirements of this section shall result in enforcement by civil penalty as set forth in DMMC § 18.01.100 and revocation of business license as set forth in DMMC § 5.04.060.
(5) 
Violation – Abatement Authorized. Any person or business who fails to comply with the provisions of this chapter, or permits a violation to continue after receiving written notice of violation from the Planning, Building and Public Works Director, shall be deemed to be causing or permitting a public nuisance and shall be liable in an action for abatement filed by the City in Superior Court.
(Ord. 1591 § 284, 2014)

§ 18.120.040 Permissible floor area.

The maximum permitted floor area to be contained in all buildings on a lot in a C-G Zone shall not exceed three and one-half times the square foot area of the lot.
(Ord. 1591 § 285, 2014)

§ 18.120.050 Height.

In a C-G Zone no building or structure shall exceed a height of 35 feet.
(Ord. 1591 § 286, 2014)

§ 18.120.060 Required open spaces.

Additional open spaces, both as to amount and location on the premises may be required in connection with an unclassified use permit, variance, or planned unit development to apply the established requirements of this and other related codes pertaining to such subjects as off-street parking, loading areas, convenient and safe circulation of vehicles and pedestrians, ingress and egress as related to the marginal traffic pattern, vision clearance (traffic), drainage, and lighting.
Placement of buildings and structures including additions to existing buildings or structures, excluding signs, shall maintain minimum setbacks established by the Planning, Building and Public Works Director based on the following criteria:
(1) 
When the front or side lot line abuts the public right-of-way, the building or structure shall abut the public right-of-way unless:
(a) 
Subsection (2) of this section requires that the building or structure be set back; or
(b) 
Through the permitting process, the Planning, Building and Public Works Director finds it is in the public interest to allow the proposed building or structure to be set back from the right-of-way. In considering a request for setback, the Director shall consider matters such as adopted land use policies, vehicular and pedestrian circulation, landscaping, existing site improvements, adjacent site improvements, and public benefit features such as plazas and public artwork. Decisions of the director regarding setbacks are appealable to the Hearing Examiner pursuant to chapter 18.94 DMMC.
(2) 
Where any lot line lies adjacent to a public right-of-way or private street and residentially zoned property lies adjacent to such public right-of-way or private street, or when the lot line abuts a residentially zoned property, a minimum building or structure setback of 10 feet shall be maintained.
(Ord. 1591 § 287, 2014)

§ 18.120.080 Internal walkways.

In order to encourage safe pedestrian circulation through the siting of buildings, walkways shall be constructed on each property being newly developed or materially remodeled, enlarged, or repaired to the extent of 50 percent of the value of the existing structure(s) as hereinafter provided. In the case of a series of additions, alterations, or repair projects, this section shall become effective at the point where in any three-year period the cumulative value of additions, alterations, or repairs exceeds 50 percent of the value of the structure(s) at the time such additions, alterations, or repairs are commenced.
(1) 
Walkways Around Buildings. Pedestrian walkways shall be provided at or around the building(s) of sufficient extent to provide safe pedestrian passage; provided, however, where no side or rear yard exists, no walkway will be required along those portions of the building abutting the lot line. A minimum six-foot walkway shall be required adjacent to the principal entrance to the building(s).
(2) 
Street Sidewalk Connections. A minimum six-foot pedestrian walkway shall be provided which connects walkways at the building to street sidewalks. Where no street sidewalk exists, the connecting walk shall extend to the street right-of-way.
(3) 
Connection to Adjoining Properties. Walkways shall be provided which connect to adjoining properties in locations on, or as near as possible to, desired lines of pedestrian traffic in accordance with the comprehensive walkway plan. A minimum six-foot walkway shall be required between adjacent building fronts. Alternate routes or branch connections to perimeter or other walkways shall be a minimum of five feet in width.
(4) 
Coordination with Circulation System. All such required pedestrian walks shall be located and constructed as an integral part of the total coordinated pedestrian circulation system.
(5) 
Design Standards.
(a) 
Surface. Walkways shall be paved with hard-surfaced material such as concrete, stone, brick, tile, etc. Walkways shall be clearly defined and differentiated from parking and vehicle circulation areas by use of contrasting paving, such as white concrete in an asphalt area, visually obvious paint stripes, or other clearly defined pattern. Where paint is used, the property owner shall be responsible for maintaining the paint to achieve the intent of this section.
(b) 
Stairs. Where stairs are employed, the riser to thread proportion shall be designed to normal stair standards or be clearly monumental in proportion. Handrails shall be provided where the number of risers or adjoining grade difference requires the protection afforded by rails, as determined by the Planning, Building and Public Works Director. Any flight of stairs within 15 feet of any other flight of stairs, if it is on a pedestrian route, shall have the same riser and thread dimensions.
(c) 
Lighting. Night lighting shall be provided where stairs, curbs, ramps, or abrupt changes in walkway direction occur. Light fixtures shall not exceed a height of 14 feet. Provision of special accent or feature lighting is encouraged.
(d) 
Covering. Walks should be covered by marquees or other roof structures where possible and practical. Roofed and walled passageways between or through buildings shall be ample in width, as determined by the Planning, Building and Public Works Director (width as proportioned to length) and night lighted.
(Ord. 1591 § 288, 2014)

§ 18.125.010 Title.

This chapter shall be entitled "H-C Highway Commercial Zone."
(Ord. 1591 § 289, 2014)

§ 18.125.020 Application.

This chapter shall apply to all areas zoned H-C Highway Commercial.
(Ord. 1591 § 290, 2014)

§ 18.125.030 Purpose.

The intent of this zone is to provide for the location and grouping of diversified commercial/retail activities which serve a broader, regional clientele, involving some on-premises retail service but requiring more convenience for vehicular circulation. These uses depend on proximity to major highways or arterials for trade or transportation, are characterized by less dependence on individual and personal patron contact than uses in retail zones, and involve outside activities and display or fabrication, assembling, and service features. Uses enumerated in this zone have common or similar performance standards in that they are heavier in type than those uses permitted in the more restrictive Commercial Zones and often are not compatible with uses permitted in other Commercial Zones because of the type of commodities and goods handled, greater handling of materials and commodities, increased trucking activity, need for larger sites, and noise, traffic, or other impacts generated. Uses are measurably lighter uses than typical of Business Park Zones; however, they do not normally involve as intensive use of land as those comprising the retail shopping area.
(Ord. 1591 § 291, 2014)

§ 18.125.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 292, 2014)

§ 18.125.050 Limitations on uses.

Every use locating in the H-C Highway Commercial Zone shall be subject to the following conditions and limitations:
(1) 
Automobile Service Stations. Buildings, structures, and the leading edge of pump islands shall not be closer than 20 feet to any street property line, except that service station canopies and marquees may project 10 feet into the required setback.
(2) 
If a building site has a boundary line which is a common property line with residential property, then on such common line a wall or view-obscuring fence or hedge not less than five feet in height shall be installed and maintained for screening purposes and controlling access.
(Ord. 1591 § 293, 2014)

§ 18.125.060 Permissible floor area.

The maximum permitted floor area to be contained in all buildings on a lot in an H-C Highway Commercial Zone shall not exceed three and one-half times the square foot area of the lot.
(Ord. 1591 § 294, 2014)

§ 18.125.070 Height.

In an H-C Highway Commercial Zone no building or structure shall exceed a height of 35 feet.
(Ord. 1591 § 295, 2014)

§ 18.125.080 Placement of buildings and structures.

Placement of buildings and structures on any lot in the H-C Highway Commercial Zone shall conform to the following:
(1) 
Front Setback. Any building or structure, except signs or service station canopies or marquees, shall maintain a 60-foot minimum setback.
(2) 
Rear Setback. A minimum 10-foot rear setback shall be maintained from any residential property.
(3) 
Side Setback. A minimum 10-foot side setback shall be maintained from any residential property.
(Ord. 1591 § 296, 2014)

§ 18.125.090 Landscaping requirements.

Landscaping in the H-C Highway Commercial Zone shall be required as set forth in chapter 18.195 DMMC.
(Ord. 1591 § 297, 2014)

§ 18.125.100 Parking and loading requirements.

In H-C Highway Commercial Zone, off-street parking and loading areas shall be provided as set forth in chapter 18.210 DMMC.
(Ord. 1591 § 298, 2014)

§ 18.125.110 Required right-of-way improvements.

In the H-C Highway Commercial Zone, all new construction, additions, or alterations which exceed 50 percent of the value of the existing structure or, in the case of a series of addition or alteration projects, when in a five-year period the cumulative value of additions or alterations exceeds 50 percent of the value of the structure at the time such additions or alterations are commenced, shall include construction of curb, gutters, and sidewalks in accordance with Washington State Department of Transportation standards.
(Ord. 1591 § 299, 2014)

§ 18.127.010 Title.

This chapter shall be entitled "W-C Woodmont Commercial Zone."
(Ord. 1618-A § 1, 2015)

§ 18.127.020 Application.

This chapter shall apply to all areas zoned W-C Woodmont Commercial.
(Ord. 1618-A § 2, 2015)

§ 18.127.030 Purpose.

The W-C Commercial Zone is primarily intended to enhance, promote and maintain commercial business areas, and to ensure land use compatibility among businesses in terms of permitted uses, building height, bulk, and scale; to provide a commercial area that reflects its commercial-oriented function; to serve the general public; and to ensure that development occurs consistent with the goals, policies, and implementation strategies of the City of Des Moines Comprehensive Plan. South of South 268th Street, the zone allows for a more intense and efficient use of land at increased densities for the mutual support of public investments and private development, while acknowledging the existing businesses along the State Route 99 corridor that serve a broader, regional clientele. Uses and development are regulated to create a moderately dense built-up environment, oriented to pedestrians, and ensuring a density and intensity that is transit supportive.
(Ord. 1618-A § 3, 2015; Ord. 1656 § 1, 2016)

§ 18.127.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1618-A § 4, 2015)

§ 18.127.050 Environmental performance standards and general limitations.

(1) 
Every use permitted within the W-C Zone pursuant to this chapter shall conform to the following general limitations and standards:
(a) 
As provided by chapter 9.64 DMMC, no use, activity, or equipment shall be permitted that creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials in a manner(s) inconsistent with Title 70 RCW as presently constituted or as may be subsequently amended;
(b) 
Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses;
(c) 
Landscaping and fencing are required in accordance with chapter 18.195 DMMC;
(d) 
All uses shall be primarily contained within an enclosed structure except the following:
(i) 
Outdoor seating and dining;
(ii) 
Signs;
(iii) 
Off-street parking, drive-through facilities, and loading areas;
(iv) 
Motor vehicle fuel pumps;
(v) 
Display of merchandise sold on-site;
(vi) 
Play/recreation areas; and
(vii) 
Miscellaneous storage when limited to 25 percent of the site area and when perimeter landscaping and fencing is provided;
(e) 
In reviewing a proposed permitted use, the Planning, Building and Public Works Director may waive or include minimal conditions as may be reasonably needed to ensure that the use is consistent with the purpose of the W-C Zone, and to minimize the likelihood of adverse impacts.
(Ord. 1618-A § 5, 2015)

§ 18.127.060 Dimensional standards.

(1) 
Maximum Building Height. Buildings and structures may be built to 55 feet, except that buildings and structures south of South 268th Street may be built to 70 feet.
(2) 
Minimum Building Height. Except for buildings containing only a full-service restaurant, and other instances specifically authorized by the City Manager or the City Manager's designee in writing, no building shall be less than the height specified below:
(a) 
No minimum building height for commercial projects, and 55 feet for residential or mixed use projects.
(b) 
For the purposes of this subsection, minimum building height shall not include decorative towers or appurtenances, roof slopes out of character with the building's architecture, or other contrivances provided solely for achievement of the required minimum building height. In calculating minimum building height, the City Manager or the City Manager's designee shall include regular architectural features enclosing functional, occupiable building areas.
(3) 
Building Height Limitation Adjacent to Single-Family. When an abutting property is zoned Single-Family Residential, building height shall be limited as follows:
(a) 
Every lot shall have a rear yard setback of not less than 20 feet when abutting single-family zoned properties, except as otherwise permitted in subsection (7) of this section.
(b) 
Within 40 feet of the abutting Single-Family Residential Zone, maximum building height shall be 45 feet.
(c) 
During the design review and environmental review, the City Manager or the City Manager's designee may impose other conditions of approval in order to mitigate potential height, bulk, and scale impacts upon adjacent single-family residents not sufficiently mitigated by existing regulations.
(4) 
Front Yard. No front yard setback is required.
(5) 
Side Yard. Every lot shall have a side yard of not less than 20 feet when abutting single-family zoned properties, except as otherwise permitted in subsection (7) of this section.
(6) 
Rear Yard. Every lot shall have a rear yard of not less than 20 feet when abutting Single-family zoned properties, except as otherwise permitted in subsection (7) of this section.
(7) 
Adjustment of Required Yards. The required rear or side yard area shall be reduced to a minimum of five feet; provided, that:
(a) 
A development site or potential project area is planned or may be planned for multiple buildings together as one development or in different development phases either under common ownership or separate ownership; and
(b) 
Buildings on a site or potential project area are served by a private, joint-use access or street which separates the rear yard area of one development site or project area from another development site or project area; and
(c) 
A physical separation of not less than 30 feet is provided between buildings which shall include the space or distance located within any such shared, joint-use access or street together with the yard areas adjoining and abutting buildings and said shared streets.
(8) 
Underground structures are permitted in all required setback areas.
(9) 
Height Allowance for Enhanced Design of Distinctive Rooflines. A portion of a building may exceed the maximum building height; provided, that the following provisions are met:
(a) 
The purpose of the additional height for the building is to provide a roofline that is of distinctive form through the use of design elements such as pitched roofs, sloped roofs, vertical offsets or other similar roof features that achieve the goals of the design guidelines in DMMC § 18.136.070.
(b) 
The maximum building height established in subsections (1) and (3) of this section shall only be increased by a maximum of 10 percent.
(c) 
Architectural features associated with the distinctive roofline shall be used to emphasize significant architectural elements of the building such as the main entrance of the building or the building's orientation to a corner, or to provide for pitched or sloped roofs for the building.
(d) 
Height allowed for distinctive rooflines under this section shall not be used to determine the building height for the purposes of establishing the maximum gross floor area under DMMC § 18.136.070(3).
(e) 
The building area or amount of building structure extending above the maximum height established in subsection (3) of this section shall be limited to 30 percent of the building roof deck area. When multiple building rooflines exist at different building levels or stories, the 30 percent requirement shall only apply to the area of the roof deck of the tallest portion of a building.
(Ord. 1618-A § 6, 2015; Ord. 1656 § 2, 2016)

§ 18.127.070 General building design requirements.

Development within the W-C Zone shall conform to the following building design requirements:
(1) 
General Design Guidelines.
(a) 
Building design shall be compatible with the site and with adjoining buildings. Building modulation and other design techniques to add architectural interest and minimize building mass shall be used. Variety in detail, form, and siting shall be used to provide visual interest.
(b) 
Building components such as windows, doors, eaves, and parapets shall be in proportion to each other.
(c) 
Colors shall be harmonious, with intense colors used only for accent.
(d) 
Mechanical equipment shall be integrated into building design or screened from on-site and off-site views.
(e) 
Exterior lighting fixtures and standards shall be part of the architectural concept and harmonious with building design.
(2) 
Development within the W-C Zone shall conform to the design review requirements established in DMMC § 18.235.100.
(3) 
Maximum Gross Floor Area.
(a) 
The maximum gross floor area for buildings within the Woodmont Commercial Zone shall be determined by multiplying the lot area of the site by the floor area ratio (FAR) number established in the following table:
Building Height
W-C FAR
35 Feet or Less
2.8
35 – 60
4.0
60 – 70
4.5
(b) 
Gross floor area shall include the total square footage of the enclosed building as further defined in DMMC § 18.01.050.
(Ord. 1618-A § 7, 2015; Ord. 1656 § 3, 2016)

§ 18.130.010 Title.

This chapter shall be entitled "R-SR Residential: Suburban Residential Zone."
(Ord. 1591 § 300, 2014)

§ 18.130.020 Application.

This chapter shall apply to all areas zoned R-SR Residential: Suburban Residential.
(Ord. 1591 § 301, 2014)

§ 18.130.030 Purpose.

The principal objective and purpose to be served by this zone and its application is to provide for the orderly transition of areas presently largely suburban in character but which are rapidly becoming urbanized. This zone is intended to apply to areas in a transitional stage, and which are changing, or are expected to change in character, in the light of increasing need for urban development.
(Ord. 1591 § 302, 2014)

§ 18.130.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 303, 2014)

§ 18.130.050 Lot area.

The minimum required area of a lot in an R-SR Zone shall be 35,000 square feet; provided, however, in multiple lot subdivisions approved subsequent to the effective date of this Title:
(1) 
The minimum required area may be reduced to 7,200 square feet when:
(a) 
All lots are served by public sewers;
(b) 
All lots are served by public water; and
(c) 
All lots are served by paved streets with curbs, sidewalks, and underground storm drainage.
(2) 
The minimum required lot area may be reduced to 15,000 square feet when:
(a) 
All lots are served by public or private water;
(b) 
All lots are served by an approved sewage disposal system; and
(c) 
All lots are served by paved streets and walkways.
(3) 
The provisions, methods, and standards contained in the Single-Family Residential Zones under chapter 18.55 DMMC pertaining to meeting minimum lot area requirements by using the average lot size of the subdivision shall also apply to comparable subdivisions permitted under this section.
(Ord. 1591 § 304, 2014)

§ 18.130.060 Lot area per dwelling unit.

In an R-SR Zone the lot area per dwelling unit shall be not less than 35,000 square feet unless a subdivision containing lots having less area has been approved, in which case the lot area per dwelling unit shall be the area of the lot within the approved subdivision.
(Ord. 1591 § 305, 2014)

§ 18.130.070 Lot width.

In an R-SR Zone every lot shall have a width of not less than 135 feet; except that when the lot is a part of approved subdivision and has an area less than 9,600 square feet, such lot shall have a width not less than 60 feet. Lots having an area of 9,600 square feet but less than 35,000 square feet shall have a width not less than 75 feet.
(Ord. 1591 § 306, 2014)

§ 18.130.080 Front yard.

In an R-SR Zone every lot shall have a front yard having a depth of not less than 30 feet, unless such lot is a part of an approved subdivision as provided in DMMC § 18.130.050 in which case a lot having an area less than 35,000 square feet may have a front yard not less than 20 feet in depth.
(Ord. 1591 § 307, 2014)

§ 18.130.090 Height.

In an R-SR Zone no building or structure shall exceed a height of 25 feet.
(Ord. 1591 § 308, 2014)

§ 18.130.100 Permissible lot coverage.

In an R-SR Zone all buildings and structures, including accessory buildings and structures, but not including any open areas used to provide parking spaces or private swimming pools, shall not cover more than 35 percent of the area of the lot. In the case of churches and schools the limitation of lot coverage shall pertain to buildings and structures only, and does not include open air parking areas.
(Ord. 1591 § 309, 2014)

§ 18.130.110 Placement of buildings and structures.

Placement of buildings and structures on any lot in R-SR Zone shall conform to the following:
(1) 
Lots containing an area less than 15,000 square feet, when such lots are a part of an approved subdivision, shall maintain side yards, rear yard, open space, and distance between buildings as set forth in the RS-7,200 Zone;
(2) 
Lots containing an area of 15,000 square feet, but less than 35,000 square feet, when such lots are a part of a recorded subdivision plat, shall maintain the side yards, rear yard, open spaces, and distance between buildings as set forth in the RS-15,000 Zone;
(3) 
On lots containing an area of 35,000 square feet or more, any building or structure, whether it is the main building or structure, or whether it is an accessory building or structure, shall maintain the side yards, rear yard, open spaces, and distance between buildings as set forth in the R-SE Zone. Where a greater distance is required as a condition to the establishment of a permitted building or use, such greater distance shall prevail.
(Ord. 1591 § 310, 2014)

§ 18.135.010 Title.

This chapter shall be entitled "Pacific Ridge Zone."
(Ord. 1591 § 311, 2014)

§ 18.135.020 Application.

This chapter shall apply to all areas zoned PR Pacific Ridge.
(Ord. 1591 § 312, 2014)

§ 18.135.030 Purpose.

The principal objective and purpose of this zone and its application is to implement the City of Des Moines Comprehensive Plan, Pacific Ridge Neighborhood Improvement Plan, and other adopted policies for the commercial and residential areas of Pacific Ridge.
Furthermore, it is the objective and purpose of this zone to provide development regulations that will promote redevelopment of Pacific Ridge properties in order to create attractive, safe, and desirable areas to work and reside. Redevelopment of Pacific Ridge is appropriate because this area has excellent access to transportation facilities, view opportunities, and higher-density development which can help Des Moines meet or exceed population and employment growth targets specified by the countywide planning policies for King County. Also, redevelopment of Pacific Ridge properties is appropriate because many of the existing structures and land uses have resulted in social problems such as: high crime rates (especially major felony crimes); declining property values; unsafe and undesirable housing conditions; insufficient building and property maintenance; absentee property ownership/management; violation of zoning, construction, and health codes; transient residency; and marginal businesses.
A related consideration is to make it possible to efficiently and economically plan for, design, finance, and provide public services, capital facilities, and utilities for the populations and activities within this zone. For all of the above reasons, the purpose of this chapter is to promote public health, safety, and welfare through redevelopment of Pacific Ridge properties.
(Ord. 1591 § 313, 2014)

§ 18.135.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 314, 2014)

§ 18.135.050 Subareas within Pacific Ridge Zone.

(1) 
Except as provided below, properties within the Pacific Ridge Zone are located within one of two subareas as illustrated by the zoning map designated by DMMC § 18.10.050. The two subareas, hereafter referred to as zones, have unique land use and development regulations, and some general regulations apply to each zone. The two Pacific Ridge Zones are as follows:
(a) 
PR-R, Pacific Ridge Residential, and
(b) 
PR-C, Pacific Ridge Commercial.
(2) 
For application of the general provisions of this Title, PR-R is a Multifamily Residential Zone while PR-C is a Commercial Zone.
(Ord. 1591 § 315, 2014)

§ 18.135.060 Environmental performance standards and general limitations.

Every use permitted within the PR Zone shall conform to the following general limitations and standards:
(1) 
Provisions Applicable to All PR Zones.
(a) 
Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses.
(b) 
Landscaping and screening are required in accordance with chapter 18.195 DMMC.
(c) 
Off-street parking and loading areas are required in accordance with chapter 18.210 DMMC.
(d) 
Mixed-use development shall conform to the following limitations and standards:
(i) 
Within the PR-C Zone, structures containing only residential uses are not allowed; and
(ii) 
On-site multifamily recreation area is required for developments with four or more dwelling units as provided by chapter 18.155 DMMC, except the minimum area of common recreation space per dwelling unit shall be 50 square feet and the private recreation space per dwelling unit shall be 40 square feet for buildings over 35 feet.
(e) 
New construction shall conform to applicable Federal Aviation Administration regulations, including Part 77, Federal Aviation Regulations, Objects Affecting Navigable Airspace, as presently constituted or as may be subsequently amended.
(2) 
Provisions Applicable to the PR-R Zone. Parking and loading areas within the PR-R Zone are further allowed but parking spaces not within a parking garage structure shall be subject to maximum lot coverage limitations.
(3) 
Provisions Applicable to the PR-C Zone.
(a) 
All uses shall be primarily contained within an enclosed structure except the following:
(i) 
Outdoor seating and dining;
(ii) 
Signs;
(iii) 
Loading areas;
(iv) 
Motor vehicle fuel pumps;
(v) 
Retail nursery and garden centers (44422) in the PR-C Zone;
(vi) 
Incidental outdoor display areas for merchandise sold on site as approved through the design review process;
(vii) 
Play/recreation areas;
(viii) 
Miscellaneous storage when limited to 10 percent of the site area and when perimeter landscaping and fencing are provided as approved through the design review process for PR-C south of South 216th Street and for up to 25 percent of the site area north of South 216th Street when as part of an approved planned unit development (PUD) in accordance with chapter 18.230 DMMC; and
(ix) 
Industrial, warehousing, and distribution uses north of South 216th Street shall be processed as part of a planned unit development (PUD) in accordance with chapter 18.230 DMMC.
(Ord. 1591 § 316, 2014; Ord. 1672 § 2, 2017)

§ 18.135.070 Dimensional standards.

(1) 
Lot Area. Every lot shall have a minimum area of 7,500 square feet.
(2) 
Lot Width. Every lot shall have a minimum width of 75 feet.
(3) 
Front Yard.
(a) 
In the PR-R Zone, not less than 15 feet except that no front yard is required if the project is at least 55 feet in height.
(b) 
In the PR-C Zone, no front yard is required.
(4) 
Side Yard.
(a) 
In the PR-R Zone, not less than 10 feet when abutting a single-family residence, except that no side yard is required if the project is at least 55 feet in height and does not abut a single-family residence.
(b) 
In the PR-C Zone, no side yard is required.
(5) 
Rear Yard. Every lot shall have a rear yard of not less than 15 feet, except as otherwise permitted in subsection (12) of this section.
(6) 
Measurement of Building Height.
(a) 
PR-R Zone. Building height shall be measured from average finish grade.
(b) 
PR-C Zone. Building height shall be measured from mean sidewalk grade as follows:
(i) 
Building height for properties abutting Pacific Highway South is measured from Pacific Highway South.
(ii) 
Building height for properties extending from Pacific Highway South to 24th Avenue South is measured from Pacific Highway South.
(iii) 
Building height for properties abutting South 216th Street is measured from average finish grade on South 216th Street.
(iv) 
Building height shall be measured from average finish grade for properties not abutting Pacific Highway South or South 216th.
(7) 
Minimum Building Height.
(a) 
Except for buildings containing only a full-service restaurant or a gasoline service station, and other instances specifically authorized by the City Manager or the City Manager's designee in writing, no building shall be less than the height specified below:
(i) 
PR-R Zone: 35 feet.
(ii) 
PR-C Zone: no minimum building height for commercial projects and 55 feet for residential or mixed use projects.
(b) 
For the purposes of this subsection, minimum building height shall not include decorative towers or appurtenances, roof slopes out of character with the building's architecture, or other contrivances provided solely for achievement of the required minimum building height. In calculating minimum building height, the City Manager or the City Manager's designee shall include regular architectural features enclosing functional, occupiable building areas.
(8) 
Maximum Building Height. Buildings and structures may be built to the height specified below unless restricted by subsection (9) of this section:
(a) 
PR-R Zone: 75 feet, except that buildings may be built to a height of 200 feet with approval of a floor area clustering height bonus when the minimum building site area is 43,560 square feet and usable pedestrian plazas and open space are provided.
(b) 
PR-C Zone: 55 feet west of Pacific Highway South and 85 feet east of Pacific Highway South, except that buildings may be built to a height of 200 feet east of Pacific Highway South with approval of a floor area clustering height bonus when the minimum building site area is 43,560 square feet and usable pedestrian plazas and open space are provided.
(9) 
Building Height Limitation Adjacent to Single-Family. When an abutting property is designated single-family residential by the Des Moines Comprehensive Plan and being used as such, building height shall be limited as follows:
(a) 
Within 20 feet of the abutting single-family residential property, maximum building height shall be 35 feet.
(b) 
Within 40 feet of the abutting single-family residential property, maximum building height shall be 45 feet.
(c) 
During the design review and environmental review, the City Manager or the City Manager's designee may impose other conditions of approval in order to mitigate potential height, bulk, and scale impacts upon adjacent single-family residents not sufficiently mitigated by existing regulations.
(10) 
Height Allowance for Enhanced Design of Distinctive Rooflines. In the PR-C and PR-R Zones, a portion of a building may exceed the maximum building height; provided, that the following provisions are met:
(a) 
The purpose of the additional height for the building is to provide a roofline that is of distinctive form through the use of design elements such as pitched roofs, sloped roofs, vertical offsets or other similar roof features that achieve the goals of Pacific Ridge Design Guideline 2.B.2.
(b) 
The maximum building height established in subsections (8) and (9) of this section shall only be increased by a maximum of 10 percent.
(c) 
Architectural features associated with the distinctive roofline shall be used to emphasize significant architectural elements of the building such as the main entrance of the building or the building's orientation to a corner, or to provide for pitched or sloped roofs for the building.
(d) 
Height allowed for distinctive rooflines under this section shall not be used to determine the building height for the purposes of establishing the maximum gross floor area under DMMC § 18.135.090(3).
(e) 
The building area or amount of building structure extending above the maximum height established in subsection (9) of this section shall be limited to 30 percent of the building roof deck area. When multiple building rooflines exist at different building levels or stories, the 30 percent requirement shall only apply to the area of the roof deck of the tallest portion of a building.
(11) 
Placement of Buildings.
(a) 
The distance between a building containing dwelling units and any other building shall be not less than 10 feet.
(b) 
On the rear third of an interior lot, accessory buildings not containing dwellings may be built to the side lot lines and the rear lot line.
(c) 
On the rear one-third of a corner lot:
(i) 
Accessory buildings not containing dwellings may be built to the interior side lot line and the rear lot line.
(ii) 
Where a setback from the street is required for the adjoining lot, no building shall be erected closer than 10 feet to the street side lot line.
(d) 
On the rear third of a reverse corner lot:
(i) 
Accessory buildings not containing dwellings may be built to the interior side lot line.
(ii) 
Where a setback from the street is required for the adjoining lot, no building shall be erected closer than 10 feet to the street side lot line.
(iii) 
No building shall be erected closer than five feet to the rear lot line.
(12) 
Adjustment of Required Yards. In the PR-C and PR-R Zones, the required rear yard area shall be reduced to a minimum of five feet; provided, that:
(a) 
A development site or potential project area is planned or may be planned for multiple buildings together as one development or in different development phases either under common ownership or separate ownership; and
(b) 
Buildings on a site or potential project area are served by a private, joint-use access or street which separates the rear yard area of one development site or project area from another development site or project area; and
(c) 
A physical separation of not less than 30 feet is provided between buildings which shall include the space or distance located within any such shared, joint-use access or street together with the yard areas adjoining and abutting buildings and said shared streets.
(Ord. 1591 § 317, 2014)

§ 18.135.080 General site design requirements.

All development proposals shall demonstrate substantial compliance with the adopted Pacific Ridge Neighborhood Design Guidelines or modified by an approved planned unit development (PUD) in accordance with chapter 18.230 DMMC as determined by the City Manager or the City Manager's designee.
(Ord. 1591 § 318, 2014; Ord. 1672 § 3, 2017)

§ 18.135.090 General building design requirements.

(1) 
Design Guidelines. All development proposals shall demonstrate substantial compliance, as determined by the City Manager or the City Manager's designee, with the adopted Pacific Ridge Design Guidelines.
(2) 
Minimum Floor-to-Ceiling Height for Dwellings. Dwellings shall have a minimum floor-to-ceiling height of eight feet, six inches.
(3) 
Maximum Gross Floor Area.
(a) 
The maximum gross floor area for buildings within Pacific Ridge neighborhood shall be determined by multiplying the lot area of the site by the floor area ratio (FAR) number established in the following table:
Building Height
PR-C and PR-R FAR
35 Feet or Less
2.8
35 – 50
3.5
50 – 60
4
60 – 70
4.5
70 – 80
5
80 – 90
5.5
90 – 100
6.5
100 – 110
7.5
110 – 120
9
> 120
Increases by 0.5 per floor above 120 feet
(b) 
Gross floor area shall include the total square footage of the enclosed building; provided, that:
(i) 
For properties located adjacent to Pacific Highway South, the area of parking garages constructed below the adjacent sidewalk grade on Pacific Highway South shall not be included in the calculation of gross floor area.
(ii) 
For all other properties in the Pacific Ridge neighborhood, the area of parking garages constructed below the lowest sidewalk grade adjacent to the property line shall not be included in the calculation of gross floor area.
(4) 
Within the PR-C Zone, structural encroachments into the right-of-way, such as cornices, signs, eaves, sills, awnings, bay windows, balconies, facade treatment, marquees, etc., shall conform to the provisions set forth by Title 12 DMMC, the International Building Code, and the following provisions:
(a) 
Structural encroachments into the right-of-way shall be capable of being removed without impact upon the structural integrity of the primary building;
(b) 
Structural encroachments into the right-of-way shall not result in additional building floor area than would otherwise be allowed;
(c) 
Except for awnings, signs, and marquees, the maximum horizontal encroachment into the right-of-way shall be two feet;
(d) 
The maximum horizontal encroachment in the right-of-way by signs shall be four feet;
(e) 
The maximum horizontal encroachment in the right-of-way by awnings and marquees shall be six feet;
(f) 
The minimum horizontal distance between the structural encroachment and the curbline shall be two feet;
(g) 
Except for awnings over the public sidewalk which may be continuous, the maximum length of each balcony, bay window, or similar feature that encroaches the right-of-way shall be 12 feet;
(h) 
Structural encroachments into the right-of-way shall maintain adequate distance away from utility, transportation, or other facilities as determined by the City Manager or the City Manager's designee in consultation with the Public Works Director;
(i) 
The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;
(j) 
Owners of structural encroachments into the right-of-way must clear the public right-of-way when ordered to do so by City authorities for reasons of public health or safety; and
(k) 
In reviewing a proposed structural encroachment into the public right-of-way, the City Manager or the City Manager's designee may include conditions as may be reasonably needed to ensure that the structure is consistent with the purpose of the PR Zone, and to minimize the likelihood of adverse impacts. The City Manager or the City Manager's designee shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.
(Ord. 1591 § 319, 2014)

§ 18.136.010 Title.

This chapter shall be entitled "T-C Transit Community Zone."
(Ord. 1601 § 1, 2014)

§ 18.136.020 Application.

This chapter shall apply to all areas zoned T-C Transit Community.
(Ord. 1601 § 2, 2014)

§ 18.136.030 Purpose.

The T-C Transit Community Zone is intended to encourage a mixture of residential, commercial, and employment opportunities within identified light rail and transit station areas. The zone allows for a more intense and efficient use of land at increased densities for the mutual support of public investments and private development, while acknowledging the existing businesses along the State Route 99 corridor that serve a broader, regional clientele. Uses and development are regulated to create a moderately dense built-up environment, oriented to pedestrians, and ensuring a density and intensity that is transit supportive. The development standards of the zone also are designed to encourage a safe and pleasant pedestrian environment near transit stations by encouraging areas with shops, activities, and amenities such as benches, kiosks, and outdoor cafes.
(Ord. 1601 § 3, 2014)

§ 18.136.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1601 § 4, 2014)

§ 18.136.050 Environmental performance standards and general limitations.

Every permitted use within the T-C Transit Community Zone shall be subject to the following standards and limitations:
(1) 
All uses shall be primarily contained within an enclosed structure except the following:
(a) 
Outdoor seating and dining;
(b) 
Signs;
(c) 
Loading areas;
(d) 
Incidental outdoor display areas for merchandise sold on-site as approved through the design review process; and
(e) 
Play/recreation areas.
(2) 
If a building site has a boundary line which is a common property line with residential property, then on such common line a wall or view-obscuring fence or hedge not less than six feet in height shall be installed and maintained for screening purposes and controlling access.
(3) 
High capacity transit facilities shall be developed in accordance with DMMC § 18.136.090 to standards intended to achieve good design, provide a distinctive and safe community focal point, integrate and accommodate multiple transportation modes, and provide adequate buffers between different types of land uses.
(Ord. 1601 § 5, 2014)

§ 18.136.060 Dimensional standards.

(1) 
Lot Area. Every lot shall have a minimum area of 7,500 square feet.
(2) 
Lot Width. Every lot shall have a minimum width of 75 feet.
(3) 
Front Yard. No front yard setback is required.
(4) 
Side Yard. A 10-foot minimum setback is required from single-family zoned property.
(5) 
Rear Yard. Every lot shall have a rear yard of not less than 20 feet when abutting single-family zoned properties, except as otherwise permitted in subsection (11) of this section. No rear yard setback is required when abutting I-C zoned properties.
(6) 
Measurement of Building Height. Building height shall be measured from mean sidewalk grade on Pacific Highway South.
(7) 
Minimum Building Height.
(a) 
Except for buildings containing only a full-service restaurant, and other instances specifically authorized by the City Manager or the City Manager's designee in writing, no building shall be less than the height specified below:
(i) 
No minimum building height for commercial projects and 55 feet for residential or mixed use projects.
(ii) 
For the purposes of this subsection, minimum building height shall not include decorative towers or appurtenances, roof slopes out of character with the building's architecture, or other contrivances provided solely for achievement of the required minimum building height. In calculating minimum building height, the City Manager or the City Manager's designee shall include regular architectural features enclosing functional, occupiable building areas.
(8) 
Maximum Building Height. Buildings and structures may be built to 75 feet, except that buildings abutting the I-C zone may be built to 100 feet.
(9) 
Building Height Limitation Adjacent to Single-Family. When an abutting property is zoned Single-Family Residential, building height shall be limited as follows:
(a) 
Every lot shall have a rear yard setback of not less than 20 feet when abutting single-family zoned properties, except as otherwise permitted in subsection (11) of this section.
(b) 
Within 40 feet of the abutting Single-Family Residential zone, maximum building height shall be 45 feet.
(c) 
During the design review and environmental review, the City Manager or the City Manager's designee may impose other conditions of approval in order to mitigate potential height, bulk, and scale impacts upon adjacent single-family residents not sufficiently mitigated by existing regulations.
(10) 
Height Allowance for Enhanced Design of Distinctive Rooflines. A portion of a building may exceed the maximum building height; provided, that the following provisions are met:
(a) 
The purpose of the additional height for the building is to provide a roofline that is of distinctive form through the use of design elements such as pitched roofs, sloped roofs, vertical offsets or other similar roof features that achieve the goals of the design guidelines in DMMC § 18.136.070.
(b) 
The maximum building height established in subsections (8) and (9) of this section shall only be increased by a maximum of 10 percent.
(c) 
Architectural features associated with the distinctive roofline shall be used to emphasize significant architectural elements of the building such as the main entrance of the building or the building's orientation to a corner, or to provide for pitched or sloped roofs for the building.
(d) 
Height allowed for distinctive rooflines under this section shall not be used to determine the building height for the purposes of establishing the maximum gross floor area under DMMC § 18.136.070(3).
(e) 
The building area or amount of building structure extending above the maximum height established in subsection (9) of this section shall be limited to 30 percent of the building roof deck area. When multiple building rooflines exist at different building levels or stories, the 30 percent requirement shall only apply to the area of the roof deck of the tallest portion of a building.
(11) 
Adjustment of Required Yards. The required rear yard area shall be reduced to a minimum of five feet; provided, that:
(a) 
A development site or potential project area is planned or may be planned for multiple buildings together as one development or in different development phases either under common ownership or separate ownership; and
(b) 
Buildings on a site or potential project area are served by a private, joint-use access or street which separates the rear yard area of one development site or project area from another development site or project area; and
(c) 
A physical separation of not less than 30 feet is provided between buildings which shall include the space or distance located within any such shared, joint-use access or street together with the yard areas adjoining and abutting buildings and said shared streets.
(Ord. 1601 § 6, 2014)

§ 18.136.070 General building design requirements.

All development proposals shall demonstrate substantial compliance, as determined by the City Manager or the City Manager's designee, with the following design guidelines:
(1) 
General Design Guidelines.
(a) 
Building design shall be compatible with the site and with adjoining buildings. Building modulation and other design techniques to add architectural interest and minimize building mass shall be used. Variety in detail, form, and siting shall be used to provide visual interest.
(b) 
Building components such as windows, doors, eaves, and parapets shall be in proportion to each other.
(c) 
Colors shall be harmonious, with intense colors used only for accent.
(d) 
Mechanical equipment shall be integrated into building design or screened from on-site and off-site views.
(e) 
Exterior lighting fixtures and standards shall be part of the architectural concept and harmonious with building design.
(2) 
Minimum Floor-to-Ceiling Height for Dwellings. Dwellings shall have a minimum floor-to-ceiling height of eight feet, six inches.
(3) 
Maximum Gross Floor Area.
(a) 
The maximum gross floor area for buildings within the Transit Community Zone shall be determined by multiplying the lot area of the site by the floor area ratio (FAR) number established in the following table:
Building Height
T-C FAR
35 Feet or Less
2.8
35 – 50
3.5
50 – 60
4
60 – 70
4.5
70 – 80
5
80 – 90
5.5
90 – 100
6.5
(b) 
Gross floor area shall include the total square footage of the enclosed building; provided, that:
(i) 
For properties located adjacent to Pacific Highway South, the area of parking garages constructed below the adjacent sidewalk grade on Pacific Highway South shall not be included in the calculation of gross floor area.
(ii) 
For all other properties in the Transit Community Zone, the area of parking garages constructed below the lowest sidewalk grade adjacent to the property line shall not be included in the calculation of gross floor area.
(4) 
Encroachments. Within the Transit Community Zone, structural encroachments into the right-of-way, such as cornices, signs, eaves, sills, awnings, bay windows, balconies, facade treatment, marquees, etc., shall conform to the provisions set forth by Titles 12 and 14 DMMC, and the following provisions:
(a) 
Structural encroachments into the right-of-way shall be capable of being removed without impact upon the structural integrity of the primary building;
(b) 
Structural encroachments into the right-of-way shall not result in additional building floor area than would otherwise be allowed;
(c) 
Except for awnings, signs, and marquees, the maximum horizontal encroachment into the right-of-way shall be two feet;
(d) 
The maximum horizontal encroachment in the right-of-way by signs shall be four feet;
(e) 
The maximum horizontal encroachment in the right-of-way by awnings and marquees shall be six feet;
(f) 
The minimum horizontal distance between the structural encroachment and the curbline shall be two feet;
(g) 
Except for awnings over the public sidewalk which may be continuous, the maximum length of each balcony, bay window, or similar feature that encroaches the right-of-way shall be 12 feet;
(h) 
Structural encroachments into the right-of-way shall maintain adequate distance away from utility, transportation, or other facilities as determined by the City Manager or the City Manager's designee in consultation with the Planning, Building and Public Works Director;
(i) 
The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;
(j) 
Owners of structural encroachments into the right-of-way must clear the public right-of-way when ordered to do so by City authorities for reasons of public health or safety; and
(k) 
In reviewing a proposed structural encroachment into the public right-of-way, the City Manager or the City Manager's designee may include conditions as may be reasonably needed to ensure that the structure is consistent with the purpose of the T-C Zone, and to minimize the likelihood of adverse impacts. The City Manager or the City Manager's designee shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.
(Ord. 1601 § 7, 2014)

§ 18.136.080 Access.

Access to and from property zoned Transit Community shall only be from Pacific Highway South, or South 236th Lane. No access to or from property zoned single-family residential shall be permitted.
(Ord. 1601 § 8, 2014)

§ 18.136.090 Required right-of-way improvements.

In the T-C Transit Community Zone, all new construction, additions, or alterations which exceed 50 percent of the value of the existing structure or, in the case of a series of addition or alteration projects, when in a five-year period the cumulative value of additions or alterations exceeds 50 percent of the value of the structure at the time such additions or alterations are commenced, shall include construction of curb, gutters, and sidewalks in accordance with the City's street development standards.
(Ord. 1601 § 9, 2014)

§ 18.136.100 Design standards for high capacity transit facilities and station area development.

(Reserved for future use.)
(Ord. 1601 § 10, 2014)

§ 18.140.010 Title.

This chapter shall be entitled "Unclassified and Conditional Use Permits."
(Ord. 1591 § 320, 2014)

§ 18.140.020 Application.

Unclassified and conditional use permits may be granted upon the filing of an application therefor by a property owner or a lessee pursuant to chapters 18.20 and 18.240 DMMC and the provisions of this chapter. The procedures to be followed in considering an application for a conditional use permit shall be those for a Type III land use action as set forth in chapter 18.20 DMMC. The procedures to be followed in considering an application for an unclassified use permit shall be those for a Type IV land use action as set forth in chapter 18.20 DMMC. Unclassified and conditional use permit applications filed for uses defined as essential public facilities will be processed in accordance with state law and chapter 18.255 DMMC.
(Ord. 1591 § 321, 2014; Ord. 1697 § 4, 2018)

§ 18.140.030 Purpose.

The purpose of a review shall be to determine that the characteristics of any such use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may reasonably assure that the basic purpose of this Title shall be served.
(Ord. 1591 § 322, 2014; Ord. 1697 § 5, 2018)

§ 18.140.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.
(Ord. 1591 § 323, 2014)

§ 18.140.050 Uses requiring unclassified use permit.

Repealed by Ord. 1697.
(Ord. 1591 § 324, 2014)

§ 18.140.060 Uses requiring conditional use permit.

Repealed by Ord. 1697.
(Ord. 1591 § 325, 2014; Ord. 1655 § 13, 2016)

§ 18.140.070 Yard requirements.

The requirements for front and side yards and open spaces applicable to the particular zone in which any such use is proposed to be located shall prevail, unless in the findings and conditions recited in the action dealing with each such matter, specific additions are made with respect thereto.
(Ord. 1591 § 326, 2014)

§ 18.140.080 Permitted height – Floor area – Area coverage.

The provisions applying to height, floor area, and lot area coverage applicable to the particular zone in which any such use is proposed to be located shall prevail, unless in the findings and conditions recited in the action dealing with each such matter, specific additional limitations are made with respect thereto.
(Ord. 1591 § 327, 2014)

§ 18.140.090 Off-street parking and loading area requirements.

The requirements for provision of off-street parking and loading areas applicable to the particular use shall prevail, unless in the findings and conditions recited in the action dealing with each such matter, specific additional requirements are made with respect thereto.
(Ord. 1591 § 328, 2014)

§ 18.140.100 Conditional use permits – Criteria.

(1) 
The Hearing Examiner may grant a conditional use permit after a hearing if, but only if, sufficient evidence is presented that the characteristics of any such proposed use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas, or that the proposed use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas if certain conditions are attached to the proposed use. Furthermore, the Hearing Examiner shall give due regard for the nature and condition of all adjacent uses and structures and any testimony presented with reference to such adjacent uses and structures, and, in authorizing a conditional use, may impose such requirements and conditions with respect to location, landscaping, traffic control, dedication, maintenance, and operation in addition to those expressly set forth in this chapter and other ordinances as may be deemed necessary for the protection of adjacent properties and the public interest.
(2) 
Uses requiring a conditional use permit that are classified as essential public facilities shall meet the requirements of chapter 18.255 DMMC.
(Ord. 1591 § 329, 2014; Ord. 1697 § 8, 2018)

§ 18.140.105 Unclassified use permits – Criteria.

(1) 
The Council may grant an unclassified use permit if sufficient evidence is presented that the characteristics of any such proposed use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas, or that the proposed use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas if certain conditions are attached to the proposed use. Furthermore, the Council shall give due regard for the nature and condition of all adjacent uses and structures and any testimony presented with reference to such adjacent uses and structures, and, in authorizing an unclassified use, may impose such requirements and conditions with respect to location, landscaping, traffic control, dedication, maintenance, and operation in addition to those expressly set forth in this chapter and other ordinances as may be deemed necessary for the protection of neighborhood properties and the public interest.
(2) 
Uses requiring an unclassified use permit that are classified as essential public facilities shall meet the requirements of chapter 18.255 DMMC.
(Ord. 1697 § 9, 2018)

§ 18.140.110 Appeal.

An unclassified or conditional use permit may be appealed pursuant to chapter 18.20 DMMC.
(Ord. 1591 § 330, 2014; Ord. 1697 § 10, 2018)